Monday, 

July 26, 2010 

Part IV 

Architectural and 

Transportation 

Barriers Compliance 

Board 

36 CFR Parts 1192 

Americans With Disabilities Act (ADA) 

Accessibility Guidelines for 

Transportation Vehicles; Proposed Rule 


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43748 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 

1The Americans with Disabilities Act requires 

barriers in existing transportation vehicles used by 

public accommodations for transporting individuals 

and by private entities to provide specified public 

transportation to be removed where readily 

achievable. 42 U.S.C.12182(b)(2)(A)(iv) and 

12184(b)(2)(C). The Department of Justice and the 

Department of Transportation are responsible for 

issuing regulations implementing this requirement. 

28 CFR 36.310 and 49 CFR 37.5(f). 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1192 

[Docket No. ATBCB 2010–0004] 

RIN 3014–AA38 

Americans With Disabilities Act (ADA) 

Accessibility Guidelines for 

Transportation Vehicles 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) is proposing to 

revise and update its accessibility 

guidelines for buses, over-the-road 

buses, and vans. The guidelines ensure 

that transportation vehicles are readily 

accessible to and usable by individuals 

with disabilities. The guidelines apply 

to the acquisition of new, used, and 

remanufactured transportation vehicles, 

and the remanufacture of existing 

transportation vehicles to the extent 

required by regulations issued by the 

Department of Transportation pursuant 

to the Americans with Disabilities Act. 

The guidelines for transportation 

vehicles operated in fixed guideway 

systems (e.g., rapid rail, light rail, 

commuter rail, and intercity rail) will be 

revised and updated at a future date. 

DATES: Comments must be received by 

November 23, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number ATBCB 

2010–0004 or RIN number 3014–AA38, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: pecht@access-board.gov. 

Include docket number ATBCB 2010– 

0004 or RIN number 3014–AA38 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 received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Jim 

Pecht, Architectural and Transportation 

Barriers Compliance Board, 1331 F 

Street, NW., suite 1000, Washington, DC 

20004–1111. Telephone (202) 272–0021. 

E-mail pecht@access-board.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Americans With Disabilities Act 

The Americans with Disabilities Act 

(ADA) prohibits discrimination on the 

basis of disability in the provision of 

transportation services by public and 

private entities. 42 U.S.C. 12101 et seq. 

The ADA sets out different 

responsibilities for the Architectural 

and Transportation Barriers Compliance 

Board (Access Board) and the 

Department of Transportation with 

respect to implementing the statute. 

The ADA requires the Access Board to 

issue guidelines for transportation 

vehicles that are readily accessible to 

and usable by individuals with 

disabilities. 42 U.S.C. 12204. These 

guidelines, by themselves, are not 

legally enforceable and do not require 

existing transportation vehicles to be 

retrofitted.1

The ADA requires the Department of 

Transportation to issue regulations that 

specify: 

• Which public and private entities 

must comply with the transportation 

provisions of the ADA; 

• When transportation vehicles 

acquired or remanufactured (i.e., 

structurally restored and new or rebuilt 

major components installed to extend 

the vehicle’s service life) by the public 

or private entities must be accessible; 

and 

• What accessibility standards the 

transportation vehicles must meet. 42 

U.S.C. 12149, 12164, and 12186(a). 

The ADA requires the accessibility 

standards for transportation vehicles 

included in the Department of 

Transportation’s regulations to be 

consistent with the guidelines issued by 

the Access Board. 42 U.S.C. 12149, 

12163, 12186(c). The Department of 

Transportation’s regulations are legally 

enforceable. 

Prior Rulemaking 

The Access Board issued accessibility 

guidelines for transportation vehicles in 

1991 and amended the guidelines in 

1998 to include additional requirements 

for over-the-road buses (i.e., buses 

characterized by an elevated passenger 

deck located over a baggage 

compartment). 56 FR 45530, September 

6, 1991; 63 FR 51694, September 28, 

1998. The Access Board’s transportation 

vehicle guidelines are codified at 36 

CFR part 1192. 

The Department of Transportation 

issued regulations to implement the 

transportation provisions of the ADA in 

1991. 56 FR 45621 and 45756, 

September 6, 1991. The Department of 

Transportation’s regulations are codified 

at 49 CFR parts 37 and 38. The 

Department of Transportation’s 

regulations at 49 CFR part 37 specify in: 

• Subpart B (§§ 37.21 to 37.37) which 

public and private entities must comply 

with the transportation provisions of the 

ADA; 

• Subpart D (§§ 37.71 to 37.93) when 

transportation vehicles acquired or 

remanufactured by public entities must 

be accessible; 

• Subpart E (§§ 37.101 to 37.109) 

when transportation vehicles acquired 

or remanufactured by private entities 

must be accessible; and 

• Subpart H (§§ 37.181 to 37.197) 

when over-the-road buses acquired or 

remanufactured by private entities must 

be accessible. 

The Department of Transportation’s 

regulations at 49 CFR part 38 set out the 

accessibility standards that the 

transportation vehicles must meet. The 

accessibility standards in 49 CFR part 

38 are consistent the Access Board’s 

transportation vehicle guidelines in 36 

CFR part 1192. 

Proposed Rule 

The Access Board is issuing this 

proposed rule to revise and update its 

accessibility guidelines for buses, overthe-road buses, and vans (hereinafter 

referred to as the ‘‘1991 guidelines’’). 

The guidelines for transportation 

vehicles operated in fixed guideway 

systems (e.g., rapid rail, light rail, 

commuter rail, and intercity rail) will be 

revised and updated at a future date. 

The proposed rule addresses the 

following issues, which are further 

discussed later in the preamble: 

• When the 1991 guidelines were 

issued, low floor ramped buses were 

relatively new and ramp slopes were 

based on what was feasible at the time. 

The 1991 guidelines permitted 1:4 

maximum ramp slopes at bus stops 

without sidewalks. There are 

documented incidents of wheelchairs 

and their occupants tipping over 

backwards going up bus ramps with 1:4 

slopes. Since the 1991 guidelines were 

issued, buses have been designed with 

lower floors and longer ramps that have 

less steep ramps. The proposed rule 

specifies 1:6 maximum slopes for ramps 

deployed to bus stops with sidewalks 

and to bus stops without sidewalks 

(referred to as the ‘‘roadway’’ in the 

proposed rule). 


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2 36 CFR 1192.23(c)(5) and 1192.159(c)(5). 

• The 1991 guidelines require buses, 

over-the-road buses, and vans to provide 

‘‘sufficient clearances’’ for passengers 

who use wheelchairs to reach the 

wheelchair spaces in the vehicles. 

Individuals with disabilities, transit 

operators, and vehicle manufacturers 

have requested guidance on what are 

‘‘sufficient clearances.’’ The proposed 

rule specifies minimum dimensions for 

circulation paths connecting doorways 

that provide accessible boarding and 

wheelchair spaces, and for wheelchairs 

to maneuver into and out of wheelchair 

spaces. 

• Additional research has been 

conducted on wheelchair transportation 

safety since the 1991 guidelines were 

issued. The proposed rule reduces the 

design force for wheelchair securement 

systems on large vehicles with a gross 

vehicle weight rating of 30,000 pounds 

or more, and adds a requirement for a 

forward excursion barrier at rear facing 

wheelchair securement systems based 

on the research. The proposed rule also 

requests comments on other 

recommendations submitted by 

researchers and safety experts regarding 

wheelchair securement systems. 

• Public transit agencies are 

increasingly deploying intelligent 

transportation system technologies on 

buses. These technologies enable 

automated stop and route 

announcements on buses. The proposed 

rule requires public transit agencies that 

operate 100 or more buses in annual 

maximum service in fixed route systems 

to provide automated stop and route 

announcements on newly acquired 

buses that are more than 22 feet in 

length and operate in fixed route 

systems. 

• Bus rapid transit is a new type of 

service that did not exist when the 1991 

guidelines were issued. Some bus rapid 

transit systems are designed with raised 

platforms to provide level boarding, and 

the vehicles which operate in these 

systems can have passenger doors on 

both sides of the vehicle. The proposed 

rule addresses how the requirements for 

accessible boarding, circulation paths, 

and doorways apply to vehicles which 

operate in bus rapid transit systems that 

provide level boarding. 

The proposed rule also removes some 

requirements in the 1991 guidelines that 

are unnecessary, modifies other 

requirements, and adds a few new 

requirements. A side-by-side 

comparison of the proposed rule and the 

1991 guidelines is available on the 

Access Board’s Web site at http:// 

www.access-board.gov/transit/. The 

side-by-side comparison shows what 

requirements are removed, modified, or 

new. 

New Format and Organization 

The 1991 guidelines for buses and 

vans are contained in subpart B of 36 

CFR part 1192 (§§ 1192.21 to 1192.39) 

and for over-the-road buses are 

contained in subpart G of 36 CFR part 

1192 (§§ 1192.151 to 1192.161). 

The proposed rule uses a new format 

and organization that is based on the 

accessibility guidelines for buildings 

and facilities in 36 CFR part 1191. The 

new format sets forth the guidelines for 

buses, over-the-road buses, and vans in 

an appendix to 36 CFR part 1192. The 

appendix is organized into eight 

chapters: 

• Chapter T1 contains general 

information, including definitions. 

• Chapter T2 contains scoping 

requirements that specify what vehicle 

features are required to be accessible. 

• Chapters T3 through T8 contain 

technical requirements that specify how 

to design the vehicle features so they are 

accessible. 

When the guidelines for 

transportation vehicles operated in fixed 

guideway systems are revised and 

updated in the future, the scoping and 

technical requirements for those 

vehicles will be added to Chapters T2 

through T8. 

Each chapter is arranged logically, 

and contains numbered sections and 

sub-sections that address a single 

subject indicated by the heading or title 

of the section and subsection. Figures 

are provided after some sections or 

subsections to illustrate the requirement 

in the section or subsection. Nonmandatory advisory information is 

inserted in boxes after some sections or 

subsections and is clearly identified. 

Most of the revisions in the proposed 

rule are editorial only, and restate 

current requirements in the 1991 

guidelines in plain language that is clear 

and easy to understand. The side-byside comparison of the proposed rule 

and the 1991 guidelines on the Access 

Board’s Web site at http://www.accessboard.gov/transit shows what revisions 

are editorial only. 

Proposed Changes That Received 

Substantial Comment 

The Access Board made available 

drafts of the proposed rule for public 

review and comment in April 2007 and 

November 2008. The drafts and 

comments on the drafts are available on 

the Access Board’s Web site at: http:// 

www.access-board.gov/transit/. 

Proposed changes that received 

substantial comment are discussed 

below. Sections of the proposed rule are 

referred to by number (e.g., T201). 

Ramp Slope 

Current Requirements 

When the 1991 guidelines were 

issued, low floor ramped buses were 

relatively new. The Access Board did 

not want to preclude the use of low 

floor ramped buses because of their 

efficiency and speed of boarding 

compared to high floor buses equipped 

with lifts. Consequently, the ramp 

slopes in the 1991 guidelines were 

based on what was feasible at the time. 

The 1991 guidelines specify a range of 

maximum slopes for ramps deployed to 

bus stops with sidewalks and to bus 

stops without sidewalks.2 The 

maximum ramp slopes in the 1991 

guidelines are shown in the table below 

and are expressed as the ratio of the rise 

(distance from bus stop surface to bus 

floor surface) to the run (usable length 

of the ramp). 

1991 GUIDELINES

Height of vehicle floor above 6 inch curb* Maximum ramp slope 

Bus Stops with Sidewalks 

3 inches or less ................................................................................................................................................................... 1:4

6 inches or less but more than 3 inches ............................................................................................................................. 1:6

9 inches or less but more than 6 inches ............................................................................................................................. 1:8

more than 9 inches .............................................................................................................................................................. 1:12 


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3The Transbus prototype for the low floor 

ramped bus had a 17-inch-high floor that kneeled 

to approximately 13 inches and a 48-inch-long 

ramp. Low floor ramped buses available today have 

floors that are 14 to 15 inches high and can kneel 

to as low as 10 inches, and ramps that are as long 

as 60 inches. 

4Templer, J., ‘‘Provisions for Elderly and 

Handicapped Pedestrians, Vol. 3: The Development 

and Evaluation of Countermeasures,’’ Report No. 

FHWA–RD–79–3 Prepared for the Federal Highway 

Administration, Department of Transportation (May 

1980), pp. 2–34. 

5The transit agency reported 155 adverse 

incidents involving passengers who use 

wheelchairs during a six-year period from 2000 to 

2005. In 49 of the incidents (42.6 percent), the 

passengers were going up or down bus ramps. In 

29 of the incidents (25.7 percent), the wheelchairs 

tipped over on the bus ramps and/or the passenger 

fell. Frost K. & Bertocci, G., ‘‘Retrospective review 

of adverse incidents involving passengers seated in 

wheeled mobility devices while traveling in large 

accessible transit vehicles,’’ 32 Medical Engineering 

& Physics 230–236 (2010). 

1991 GUIDELINES—Continued 

Bus Stops without Sidewalks 

Height of vehicle floor above roadway Maximum ramp slope 

Any distance ........................................................................................................................................................................ 1:4

*The 1991 guidelines assume a 6 inch curb at sidewalks. 

The following example illustrates the 

application of the 1991 guidelines. A 

low floor bus with a 15-inch-high floor 

that can be lowered by the suspension 

system (‘‘kneeled’’) to 12 inches at bus 

stops would have to provide a ramp that 

is at least 48 inches long to meet the 

maximum slope requirements at both 

bus stops with sidewalks and bus stops 

without sidewalks. At bus stops with 

sidewalks, the ramp slope would be 1:8. 

At bus stops without sidewalks, the 

ramp slope would be 1:4, or twice as 

steep as at bus stops with sidewalks. 

Proposed Rule 

Since the 1991 guidelines were 

issued, buses have been designed with 

lower floors and longer ramps that have 

less steep ramps.3 Research shows that 

short ramps with slopes steeper than 1:8 

are difficult for individuals with 

disabilities to use.4 There are 

documented incidents of wheelchairs 

and their occupants tipping over 

backwards going up bus ramps with 1:4 

slopes. A study of adverse incident 

reports from one public transit agency 

shows that a large percent of the 

incidents involving passengers who use 

wheelchairs occur while using bus 

ramps.5

T303.8.1 simplifies the requirements 

for ramp slope by specifying a 1:6 

maximum slope for ramps deployed to 

bus stops with sidewalks and to bus 

stops without sidewalks (referred to as 

the ‘‘roadway’’ in the proposed rule). 

The following example illustrates the 

application of T303.8.1. A low floor bus 

with a 14-inch-high floor that can be 

lowered by the suspension system 

(‘‘kneeled’’) to 10 inches at bus stops 

would have to provide a ramp that is at 

least 60 inches long to meet the 1:6 

maximum slope to the roadway. At bus 

stops with sidewalks, the ramp slope 

would be 1:15 (assuming a 6-inch curb). 

Bus and ramp manufacturers who 

commented on the drafts of the 

proposed rule provided varied 

information on this proposed change. 

Some bus and ramp manufacturers 

stated that the proposed 1:6 maximum 

slope to the roadway is feasible. Other 

bus manufacturers stated that the 

proposed 1:6 maximum slope to the 

roadway would involve significant 

structural changes to buses, or may not 

be feasible for certain model buses. 

Question 1: Bus and ramp 

manufacturers are requested to provide 

additional information on the feasibility 

of the proposed 1:6 maximum slope to 

the roadway. If significant structural 

changes to buses are involved, provide 

information on the lead time for making 

the changes; the costs associated with 

the changes; and how much the changes 

would add to the cost per bus. If it is 

not feasible or would be too costly for 

certain model buses to meet the 

proposed 1:6 maximum slope to the 

roadway, provide information on the 

vehicle’s design constraints; the 

vehicle’s floor height to the roadway at 

the doorway where the ramp is 

deployed (in the kneeled position where 

a ‘‘kneeling’’ feature is provided); and 

the usable length of the vehicle’s ramp 

when deployed to the roadway. 

Question 2: Van and ramp 

manufacturers and converters are 

requested to provide information on the 

feasibility of the proposed 1:6 maximum 

slope to the roadway for vans equipped 

with ramps, and any additional costs 

that would be incurred as a result of the 

proposed 1:6 maximum slope to the 

roadway. 

Question 3: If it is not feasible or 

would be too costly for certain model 

buses or vans to provide ramps with 1:6 

maximum slopes to the roadway, what 

alternative solutions should the Access 

Board or the Department of 

Transportation consider? For example, 

on fixed route systems where some or 

all of the bus stops on a particular route 

do not have sidewalks should only 

buses or vans that provide ramps with 

1:6 maximum slopes to the roadway or 

are equipped with lifts be permitted to 

operate on that route? This would 

prevent incidents of wheelchairs and 

their occupants tipping over on steep 

ramps. Do different considerations 

apply to demand responsive systems? 

For example, are drivers of buses and 

vans used in demand responsive 

systems more likely to provide boarding 

assistance to passengers who use 

wheelchairs when ramps are deployed 

to the roadway and have slopes steeper 

than 1:6? What solutions do transit 

operators currently implement when 

ramps are deployed to the roadway and 

have slopes steeper than 1:6? 

Public transit agencies who 

commented on the drafts of the 

proposed rule expressed concern that 

longer ramps (e.g., bi-fold ramps) will be 

more costly to maintain. Public transit 

agencies also expressed operational 

concerns about deploying longer ramps 

in urban environments with narrow 

sidewalks and streets. 

Question 4: Ramp manufacturers and 

public transit agencies that provide 

longer ramps on their buses are 

requested to provide information on 

whether longer ramps are more costly to 

maintain. If longer ramps are more 

costly to maintain, provide data on the 

annual costs to maintain a longer ramp 

(e.g., 60 inches) and a shorter ramp (e.g., 

48 inches). 

Question 5: Public transit agencies 

and others are requested to provide 

information on possible solutions to 

operational concerns about deploying 

longer ramps in urban environments 

with narrow sidewalks and streets. For 

example, should a public transit agency 

that operates buses in urban 

environments where all the bus stops 

have sidewalks be permitted to provide 

a 1:8 maximum slope to the sidewalk 

(assuming a 6-inch curb), instead of a 

1:6 maximum slope to the roadway? If 

a public transit agency operates buses in 

urban environments where all the bus 

stops have sidewalks, and in other 

environments where some or all of the 

bus stops do not have sidewalks, and 

the public transit agency assigns low 


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6 49 CFR 37.3 (definition of ‘‘wheelchair’’ and 

‘‘common wheelchair’’) and 37.165(b). 

7 36 CFR 1192.23(a) and 1192.159(a)(1). 

The 1991 guidelines require large buses that are 

more than 22 feet and over-the-road buses to 

provide at least two wheelchair spaces; and small 

buses and vans that are 22 feet or less to provide 

at least one wheelchair space. Id. The wheelchair 

spaces are required to be located as near as 

practicable to doorways that provide accessible 

boarding, and to be identified by the International 

Symbol of Accessibility. 36 CFR 1192.23(d)(2), 

1192.27(b), and 1192.159(d)(2). The proposed rule 

does not change these requirements. 

8The overhead clearances for circulation paths 

specified in T502.2 are the same as in the 1991 

guidelines. 36 CFR 1192.29(f) and 1192.153(d). The 

requirement in T502.3 that features such as 

stanchions and fare collection devices not interfere 

with the maneuvering of wheelchairs is the same 

as in the 1991 guidelines. 36 CFR 1192.23(a) and 

(e), and 1192.33. 

9See note 6. 

10 36 CFR 1192.23(d)(2) and 1192.159(d)(2). 

11See note 7. 

12The accessibility guidelines for buildings and 

facilities require 12 inches minimum maneuvering 

clearance for parallel approach into and out of an 

alcove, and 6 inches minimum maneuvering 

clearance for forward approach into and out of an 

alcove. 36 CFR part 1191, Appendix D, 305.7. 

floor ramped buses with shorter ramps 

to the urban environments only, and 

assigns low floor ramped buses with 

longer ramps or lift equipped buses to 

the other environments, should the 

public transit agency be permitted to 

provide a 1:8 maximum slope to the 

sidewalk (assuming a 6-inch curb), 

instead of a 1:6 maximum slope to the 

roadway on the low floor ramped buses 

that are assigned to the urban 

environments only? 

Question 6: Public transit agencies are 

requested to provide the following 

information to assist the Access Board 

evaluate the impacts of the ramp slope 

requirements in the 1991 guidelines and 

the proposed rule: 

• The number and percentage of bus 

stops in fixed route systems that do not 

have sidewalks; 

• The number of individuals who are 

paratransit eligible because they cannot 

use buses with steep ramps, the average 

cost per paratransit trip, and the average 

number of paratransit trips per 

passenger per week; and 

• The number of adverse incident 

reports for the past five years (2005– 

2009) involving low floor ramped buses 

and passengers who use wheelchairs or 

scooters, and how many of the incidents 

occurred while using ramps. 

Circulation Paths Connecting Doorways 

That Provide Accessible Boarding and 

Wheelchair Spaces 

Current Requirements 

The Department of Transportation 

regulations require transit operators to 

transport wheelchairs and scooters that 

are up to 30 inches wide and 48 inches 

long.6 The 1991 guidelines require 

buses, over-the-road buses, and vans to 

provide ‘‘sufficient clearances’’ for 

passengers who use wheelchairs to 

reach the wheelchair spaces in the 

vehicles.7 Individuals with disabilities, 

transit operators, and vehicle 

manufacturers have requested guidance 

on what are ‘‘sufficient clearances.’’ 

Proposed Rule 

T502.2 requires circulation paths 

connecting doorways that provide 

accessible boarding and wheelchair 

spaces to be at least 34 inches wide. 

This dimension does not apply to 

doorways, which are addressed in T503. 

This dimension applies from the vehicle 

floor to a height 40 inches minimum 

above the vehicle floor. The circulation 

path width can be reduced to 30 inches 

at heights 40 inches minimum above the 

vehicle floor.8

Bus manufacturers who commented 

on the drafts of the proposed rule 

provided varied information on this 

proposed change. Some bus 

manufacturers stated that 34-inch-wide 

circulation paths are feasible. Other bus 

manufacturers stated that seats would 

have to be eliminated to provide 34- 

inch-wide circulation paths. 

Question 7: Bus manufacturers and 

transit operators are requested to 

provide additional information on the 

feasibility of the proposed clear width 

for circulation paths connecting 

doorways that provide accessible 

boarding and wheelchair spaces. If the 

proposed clear width will result in a 

loss of seats compared to the current 

requirement for ‘‘sufficient clearances,’’ 

provide information on the width of the 

circulation path currently provided on 

the vehicle to reach the wheelchair 

space(s), and the number of seats that 

would be lost due to the proposed clear 

width. Floor and seating plans showing 

current designs and how the designs 

would have to be modified to comply 

with the proposed rule would be helpful 

for the Access Board to further evaluate 

this issue. Information describing how 

the loss of seats would affect the transit 

operator’s system would also be helpful. 

Question 8: Van manufacturers and 

converters are requested to provide 

information on the feasibility of the 

proposed clear width for circulation 

paths connecting doorways that provide 

accessible boarding and wheelchair 

spaces. If the proposed clear width will 

result in modifications to vans 

compared to the current requirement for 

‘‘sufficient clearances,’’ provide 

information on what modifications 

would be needed and any costs 

associated with the modifications. 

Information describing how the 

modifications would affect the transit 

operator’s system would also be helpful. 

The proposed rule does not address 

maneuvering space at turns, particularly 

right angle turns at the front of the bus. 

Some commenters recommended that 

performance specifications, including 

test methods, be established for 

passengers who use wheelchairs to 

reach wheelchair spaces in buses, overthe-road buses, and vans. The 

Rehabilitation Engineering Research 

Center on Accessible Public 

Transportation is developing a 

computer-aided design tool for the 

accessible design of vehicle interiors 

that may be useful for this purpose. 

Question 9: Comments are requested 

on whether performance specifications 

should be established for passengers 

who use wheelchairs to reach 

wheelchair spaces in buses, over-theroad buses, and vans, and approaches 

for establishing such performance 

specifications. 

Wheelchair Space Maneuvering 

Clearances 

Current Requirements 

As explained above, the Department 

of Transportation regulations require 

transit operators to transport 

wheelchairs and scooters that are up to 

30 inches wide and 48 inches long.9 The 

1991 guidelines require wheelchair 

spaces in buses, over-the-road buses, 

and vans to be at least 30 inches wide 

and 48 inches long.10

Wheelchair spaces in buses, over-theroad buses, and vans are typically 

confined on three sides by seats, side 

walls, or wheel wells. Passengers who 

use wheelchairs and scooters need 

additional clearances to maneuver into 

and out of confined wheelchair spaces. 

As explained above, the 1991 guidelines 

require buses, over-the-road buses, and 

vans buses to provide ‘‘sufficient 

clearances’’ for passengers who use 

wheelchairs to reach wheelchair spaces 

in the vehicles.11 Individuals with 

disabilities, transit operators, and 

vehicle manufacturers have requested 

guidance on what are ‘‘sufficient 

clearances.’’ 

Proposed Rule 

The drafts of the proposed rule 

considered basing wheelchair space 

maneuvering clearances in buses, overthe-road buses, and vans on the 

dimensions for maneuvering clearances 

in alcoves in the accessibility guidelines 

for buildings and facilities.12 Transit 

operators and vehicle manufacturers 

commented that those dimensions 


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43752 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 

13 36 CFR 1192.23(a) and 1192.159(a)(1). The 

proposed rule does not change this requirement. 

14 36 CFR 1192.23(d)(4) and 1192.159(d)(4). The 

proposed rule does not change this requirement. 

15 Id. The proposed rule does not change this 

requirement. 

16The research is referenced in comments 

submitted by the Rehabilitation Engineering and 

Assistive Technology Society of North America and 

Rehabilitation Engineering Research Center on 

Wheelchair Transportation Safety. The comments 

are available on the Access Board’s Web site at: 

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

17The dimensions for the forward excursion 

barrier are based on comments submitted by the 

Rehabilitation Engineering and Assistive 

Technology Society of North America. The 

comments are available on the Access Board’s Web 

site at: http://www.access-board.gov/transit/. 

would result in the loss of a significant 

number of seats, and would involve 

significant structural changes to 

paratransit minivans that provide rear 

entry to wheelchair spaces. The 

proposed rule does not use the 

dimensions for maneuvering clearances 

in alcoves in the accessibility guidelines 

for buildings and facilities. 

The proposed rule uses the following 

dimensions recommended by transit 

operators for wheelchair space 

maneuvering clearances in buses, overthe-road buses, and vans: 

• T402.4.1 requires 1 inch minimum 

maneuvering clearance on the short side 

of wheelchair spaces entered from the 

front or rear [the total size of the 

wheelchair space and maneuvering 

clearance is 31 inches by 48 inches 

minimum]; and 

• T402.4.2 requires 6 inches 

minimum maneuvering clearance on the 

long side of wheelchair spaces entered 

from the side [the total size of the 

wheelchair space and maneuvering 

clearance is 30 inches by 54 inches 

minimum]. 

The transit operators who 

recommended these dimensions stated 

that they will provide ‘‘sufficient 

clearances’’ for most wheelchairs and 

scooters to maneuver into and out of 

wheelchair spaces in buses, over-theroad buses, and vans, and will not result 

in a loss of seats or structural changes 

to paratransit minivans that provide rear 

entry to wheelchair spaces. 

Fold-down seats are permitted to 

occupy the wheelchair space and 

maneuvering clearance provided the 

wheelchair space and maneuvering 

clearance are not obstructed when the 

seats are in the up position. Fold-down 

seats are permitted to occupy the 

maneuvering clearance when the 

wheelchair space is occupied. Figures 

are provided in T402.4.1 and T402.4.2 

to illustrate the wheelchair space and 

maneuvering clearance, and use of foldup seats. 

Question 10: Individuals with 

disabilities are requested to comment on 

whether the proposed maneuvering 

clearances are sufficient for wheelchairs 

and scooters to maneuver into and out 

of wheelchair spaces in buses, over-theroad buses, and vans. 

Question 11: Transit operators and 

vehicle manufacturers are requested to 

comment on whether the proposed 

maneuvering clearances and use of folddown seats will result in a loss of seats 

compared to the current requirement for 

‘‘sufficient clearances.’’ If the proposed 

maneuvering clearances and use of folddown seats will result in a loss of seats, 

provide information on the size of the 

clearances currently provided on the 

vehicle to maneuver into and out of the 

wheelchair space(s), and the number of 

seats that would be lost due to the 

proposed maneuvering clearances. Floor 

and seating plans showing current 

designs and how the designs would 

have to be modified to comply with the 

proposed rule would be helpful for the 

Access Board to further evaluate this 

issue. Information describing how the 

loss of seats would affect the transit 

operator’s system would also be helpful. 

Question 12: Manufacturers and 

operators of paratransit minivans are 

requested to provide information on the 

feasibility of providing additional 

maneuvering clearance (beyond 1 inch) 

for rear entry to a wheelchair space 

without making significant structural 

changes to the vehicles. 

Wheelchair Securement Systems 

Current Requirements 

The 1991 guidelines require buses, 

over-the road-buses, and vans to provide 

wheelchair securement systems at each 

wheelchair space.13 The 1991 

guidelines specify that the wheelchair 

securement systems secure the 

wheelchair so that the occupant faces 

the front or rear of the vehicle.14 On 

large buses that are more than 22 feet in 

length, at least one wheelchair 

securement system must be front 

facing.15 Side facing securement is not 

permitted. 

Proposed Rule 

The proposed rule includes two 

changes to the current technical 

requirements for wheelchair securement 

systems based on research conducted on 

wheelchair transportation safety since 

the 1991 guidelines were issued. 

T403.3.1 reduces the minimum force 

that wheelchair securement systems 

must be designed to restrain 

wheelchairs and their occupants in the 

forward longitudinal direction in large 

vehicles with a gross vehicle weight 

rating of 30,000 pounds or more. The 

design force is reduced from 4,000 

pounds to 2,000 pounds based on 

research showing the ‘‘g’’ loads 

generated on wheelchairs and their 

occupants in large vehicles under the 

following conditions: Maximum 

acceleration (0.2g), maximum braking 

(0.85g), rapid turning (0.5g), and frontal 

collision (3g).16 Wheelchair securement 

systems that are designed to restrain a 

force of 2,000 pounds in the forward 

longitudinal direction in large vehicles 

would provide an appropriate level of 

protection based on these ‘‘g’’ loads. 

Question 13: Comments are requested 

on this proposed reduction in design 

force for wheelchair securement systems 

in large vehicles. How will the proposed 

change affect the costs for wheelchair 

securement systems in large vehicles? 

T403.5 modifies the technical 

requirements for rear facing wheelchair 

securement systems to include a 

forward excursion barrier in addition to 

the current requirement for a padded 

headrest. The forward excursion barrier 

extends from the vehicle floor to a 

height of 24 inches minimum for the 

full width of the wheelchair space.17

Question 14: Comments are requested 

on including a forward excursion barrier 

in the technical requirements for rear 

facing wheelchair securement systems. 

Are rear facing securement systems 

commonly provided in buses, over-the 

road-buses, and vans? Where provided 

in new buses, over-the road-buses, and 

vans, do rear facing securement systems 

currently include forward excursion 

barriers? Will the forward excursion 

barrier result in any additional costs for 

new buses, over-the road-buses, and 

vans that provide rear facing securement 

systems? 

Recommendations Submitted by 

Researchers and Safety Experts That 

Are Not Included in the Proposed Rule 

Researchers and safety experts who 

commented on the drafts of the 

proposed rule submitted four 

recommendations regarding the 

technical requirements for wheelchair 

securement systems that are not 

included in the proposed rule. Their 

recommendations are summarized 

below. 

1. SAE Recommended Practice J2249, 

Wheelchair Tiedown and Occupant 

Restraint Systems for Use in Motor 

Vehicles (June 9, 1999) 

Researchers and safety experts 

recommended that front facing 

wheelchair securement systems comply 

with SAE Recommended Practice J2249, 

Wheelchair Tiedown and Occupant 

Restraint Systems for Use in Motor 


srobinson on DSKHWCL6B1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43753 

18SAE Recommended Practice J2249 is being 

revised and updated, and will be published as the 

American National Standards Institute (ANSI)/ 

Rehabilitation Engineering and Assistive 

Technology Society of North America (RESNA) 

WC–18 standard. 

19 36 CFR 1192.35(a). 

20 49 CFR 37.167(b) and (c). 

Vehicles (June 9, 1999).18 SAE 

Recommended Practice J2249 specifies 

design requirements, performance 

requirements, and test methods for 

wheelchair tiedown and occupant 

restraint systems for use in motor 

vehicles, and includes requirements for 

product marking and labeling and 

manufacturer’s instructions to installers 

and users. 

2. Wheelchair Securement Systems in 

Small Vehicles 

Researchers and safety experts 

recommended that rear facing 

wheelchair securement systems not be 

permitted in small vehicles with a gross 

vehicle weight rating of less than 30,000 

pounds because current wheelchair 

securement systems have not been 

designed and tested to secure rear facing 

wheelchairs in small vehicles and to 

withstand the high ‘‘g’’ loads generated 

on wheelchairs and their occupants in 

a small vehicle by a frontal collision. 

They also recommended that the 5,000 

pounds minimum design force specified 

in the 1991 guidelines for small vehicles 

be increased for forward facing 

wheelchair securement systems. 

3. Movement Under Emergency Driving 

Conditions 

Researchers and safety experts 

recommended that performance 

specifications and test methods be 

established for wheelchair securement 

systems to limit movement of an 

occupied wheelchair under emergency 

driving conditions, such as maximum 

braking and rapid turning. 

4. Rear Facing Compartmentalization 

Researchers and safety experts 

recommended that ‘‘rear facing 

compartmentalization’’ be permitted in 

large vehicles with a gross vehicle 

weight rating of 30,000 pounds or more, 

especially bus rapid transit vehicles. 

‘‘Rear facing compartmentalization’’ is 

used in Europe and Canada. As 

explained by the researchers and safety 

experts, in ‘‘rear facing 

compartmentalization’’ the wheelchair 

occupant backs as close as possible to a 

rear-facing padded excursion barrier 

and there is a means to prevent the 

wheelchair from tipping into the aisle. 

‘‘Rear facing compartmentalization’’ 

assumes that the wheelchair has brakes 

which are functioning and that the 

friction between the wheelchair wheels 

and the floor is high enough to prevent 

sliding. ‘‘Rear facing 

compartmentalization’’ does not require 

the attachment of wheelchair 

securement systems to the wheelchair. 

Researchers and safety experts also 

recommended that seat belts and 

shoulder belts should not be required 

where ‘‘rear facing 

compartmentalization’’ is permitted in 

large vehicles. 

Question 15: Comments are requested 

on whether any of the above 

recommendations should be included in 

a subsequent rulemaking. 

Automated Stop and Route 

Announcements 

Current Requirements 

The 1991 guidelines require buses 

that are more than 22 feet in length and 

operate in fixed route systems to 

provide public address systems for 

announcing stops.19 The Department of 

Transportation regulations require stops 

and routes to be announced.20 These 

requirements apply to both public 

transit agencies and private transit 

operators. Failure to announce stops 

and routes is a frequent source of 

complaints to the Department of 

Transportation and lawsuits against 

public transit agencies. 

Proposed Rule 

Public transit agencies are 

increasingly deploying intelligent 

transportation system technologies that 

enable automated stop and route 

announcements. Automated 

announcements provide standardized 

messages and result in increased 

compliance with current regulatory 

requirements. 

The drafts of the proposed rule 

considered requiring public transit 

agencies to provide automated stop and 

route announcements on buses that are 

more than 22 feet in length and operate 

in fixed route systems. The American 

Public Transportation Association 

commented that the cost of providing 

automated announcements would be 

burdensome for small public transit 

agencies, and recommended that only 

large public transit agencies that operate 

100 or more buses in peak service be 

required to provide automated 

announcements. 

T203.13 requires large public transit 

agencies that operate 100 or more buses 

in annual maximum service in fixed 

route systems, as reported in the 

National Transit Database, to provide 

automated stop and route 

announcements on buses that are more 

than 22 feet in length and operate in 

fixed route systems. 

The Access Board prepared a report to 

estimate the costs of this proposed 

change. The report is available on the 

Access Board’s Web site at: http:// 

www.access-board.gov/transit/. 

According to the National Transit 

Database, 87 public transit agencies 

operate 100 or more buses in annual 

maximum service in fixed route 

systems. More than 90 percent of these 

public transit agencies currently provide 

automated stop and route 

announcements on buses. The report 

assumes that the public transit agencies 

will continue to provide automated 

announcements on buses in the future, 

and will not incur any additional costs 

as a result of the proposed rule. 

Only 7 public transit agencies that 

operate 100 or more buses in annual 

maximum service in fixed route systems 

do not currently provide automated stop 

and route announcements on buses. The 

total estimated costs of requiring 

automated announcements for the 7 

public transit agencies are presented 

below. The cost estimates include onetime costs to equip new buses and to 

set-up backend systems for 

implementing automated 

announcements, and on-going 

maintenance and operation costs for the 

bus equipment and backend systems. 

The low cost and high cost scenarios 

account for variables that can affect the 

costs. 

Costs Present value 

(3%)* 

Present value 

(7%)* 

Low Cost Scenario 

Total Costs Over 12 Year Bus Replacement Cycle .................................................................... $9,548,280 $8,027,897 $6,534,112 

Annualized Costs ......................................................................................................................... 795,690 668,991 544,509 


srobinson on DSKHWCL6B1PROD with PROPOSALS3
43754 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 

21 49 CFR 37.23(b). 

22 49 CFR 37.3 (definition of ‘‘wheelchair’’ and 

‘‘common wheelchair’’) and 37.165 (b). This 

proposed rule does not use the term ‘‘common 

wheelchair’’ because the relevant technical 

requirements for lift platforms, ramps and 

bridgeplates, circulation paths, and wheelchair 

spaces specify the appropriate dimensions for those 

features. 

23Use of ‘‘Segways’’ on Transportation Vehicles 

[http://www.fta.dot.gov/civilrights/ada/ 

civil_rights_3893.html]. 

Costs Present value 

(3%)* 

Present value 

(7%)* 

High Cost Scenario 

Total Costs Over 12 Year Bus Replacement Cycle .................................................................... 19,678,022 16,809,905 13,970,121 

Annualized Costs ......................................................................................................................... 1,639,835 1,400,825 1,164,767 

* Present value is based on discount rates in OMB Circular No. A–94. 

Question 16: Comments are requested 

on the report estimating the costs of 

requiring automated stop and route 

announcements, including the data and 

assumptions in the report. 

Forty (40) of the public transit 

agencies that operate 100 or more buses 

in annual maximum service in fixed 

route systems contract with private 

entities to operate some or all of the 

buses. The Department of 

Transportation regulations require a 

private entity that acquires vehicles to 

operate in a fixed route system under 

contract with a public transit agency to 

comply with the accessibility standards 

applicable to the public transit agency.21

The report estimating the costs of 

requiring automated stop and route 

announcements identifies the 40 public 

transit agencies that contract with 

private entities to operate buses in their 

fixed route systems, and the private 

entities that operate the buses. These 

private entities would have to comply 

with T203.13 if they acquire buses to 

operate in fixed route systems under 

contract with the public transit 

agencies. These private entities would 

not be affected by T203.13 if the public 

transit agencies provide the buses to the 

private entities to operate, or if the 

private entities deploy buses from their 

existing fleets to operate in the fixed 

route systems under contract with the 

public transit agencies. Information is 

not available on whether any of the 

private entities that contract with the 

public transit agencies acquire buses to 

operate in fixed route systems under 

contract with the public transit 

agencies. 

Question 17: Private entities that 

contract with public transit agencies 

operating 100 or more buses in annual 

maximum service in fixed route systems 

and acquire buses to operate in the fixed 

route systems under contract with the 

public transit agencies, are requested to 

provide information on the number of 

buses acquired on an annual basis for 

operation in the fixed route systems 

under contract with the public transit 

agencies, and whether the buses provide 

automated stop and route 

announcements. 

For public transit agencies that have 

invested in intelligent transportation 

system technologies, the incremental 

cost of providing automated stop and 

route announcements is relatively low 

compared to public transit agencies that 

do not invest in such technologies. The 

Access Board is considering as an 

alternative requiring only public transit 

agencies that have invested in 

intelligent transportation system 

technologies to provide automated 

announcements. Under this alternative, 

large public transit agencies that have 

not invested in intelligent transportation 

system technologies would not be 

required to do so in order to provide 

automated announcements. Small 

public transit agencies that have 

invested in intelligent transportation 

system technologies would be required 

to provide automated announcements, 

and many of these public transit 

agencies currently provide automated 

announcements. The requirement to 

provide automated announcements 

would apply only to newly acquired 

buses. Existing buses would not be 

required to provide automated 

announcements. 

Question 18: Comments are requested 

on whether only public transit agencies 

that have invested in intelligent 

transportation system technologies 

should be required to provide 

automated stop and route 

announcements. 

T704.1 requires automated stop and 

route announcements to use recorded or 

digitized human speech. T704.2 

requires the stop announcements to be 

audible within the vehicle, and T704.3 

requires the route announcements to be 

audible at boarding and alighting areas. 

T704.2 also requires signs within the 

bus to display stops. 

Question 19: Comments are requested 

on whether there are appropriate 

standards for audio quality that should 

be referenced in T704.1 or 

recommended in advisory information. 

Question 20: Comments are requested 

on whether intelligent transportation 

system technologies currently in use 

have the capability to communicate stop 

and route information to passengers 

through personal communications 

devices (e.g., text messaging), in 

addition to audible and visible 

announcements through speakers and 

signs. If intelligent transportation 

system technologies do not have this 

capability, are there other technologies 

that can communicate stop and route 

information to passengers through 

personal communications devices (e.g., 

text messaging)? Comments are 

requested on the costs and benefits of 

communicating stop and route 

information to passengers through 

personal communications devices. 

Service Issues 

Transit operators who commented the 

drafts of the proposed rule requested 

guidance on the transportability of 

certain size wheelchairs and mobility 

devices (e.g., Segways). The Department 

of Transportation is responsible for 

issuing regulations regarding the 

provision of transportation services to 

individuals with disabilities under the 

Americans with Disabilities Act. The 

Department of Transportation 

regulations specify the size of 

wheelchairs that must be transported.22

The Department of Transportation has 

also issued guidance on the use of 

Segways on transportation vehicles.23

The Department of Transportation will 

conduct a separate rulemaking to amend 

its regulations so that the accessibility 

standards included in the regulations 

are consistent with the revisions to 

Access Board’s transportation vehicle 

guidelines. Comments on 

transportability of certain size 

wheelchairs and mobility devices, and 

other service issues should be submitted 

to the Department of Transportation 

when it amends its regulations. 

Section-by-Section Analysis 

The other proposed revisions to the 

1991 guidelines for buses, over-the-road 

buses, and vans are discussed below. 


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Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43755 

24 49 CFR 37.7(b). 

25The Department of Transportation regulations 

define these terms in 49 CFR 37.3. 

Most of the revisions are editorial only, 

and the requirements are the same as in 

the 1991 guidelines. Revisions that 

modify current requirements or add new 

requirements are discussed under each 

section below. 

Question 21: Comments are requested 

on whether any of the revisions that 

modify current requirements or add new 

requirements would add to the costs of 

the vehicles. Comments should identify 

the requirement and section number, 

and provide specific information about 

any costs. 

Chapter T1: Application and 

Administration 

T101 General 

This section clarifies that the scoping 

and technical requirements apply to the 

acquisition of new, used, and 

remanufactured vehicles and the 

remanufacture of existing vehicles to the 

extent required by regulations issued by 

the Department of Transportation. As 

discussed at the beginning of the 

preamble, the Department of 

Transportation regulations specify 

which public and private entities must 

comply with the transportation 

provisions of the ADA, and when 

transportation vehicles acquired or 

remanufactured by the public or private 

entities must be accessible. As 

explained above, the Department of 

Transportation will conduct a separate 

rulemaking to amend its regulations so 

that the accessibility standards included 

in the regulations are consistent with 

the revisions to Access Board’s 

transportation vehicle guidelines. When 

the Department of Transportation 

amends its regulations, the Department 

of Transportation will establish the 

effective date for the revised 

accessibility standards. 

T102 Equivalent Facilitation 

The revisions to this section are 

editorial only. Transit operators can use 

alternative designs and technologies 

that result in substantially equivalent or 

greater accessibility or usability. The 

Department of Transportation 

regulations contain procedures for 

determining whether alternative designs 

and technologies provide equivalent 

facilitation.24

T103 Conventions 

The revisions to T103.1 on 

dimensions and T103.2 on tolerances 

are editorial only. T103.3 explains that 

figures are provided for information 

purposes only, except for the 

International Symbol of Accessibility in 

Figure T703. T103.4 explains that 

measurements are stated in metric and 

U.S. customary units and that each 

system of measurement is to be used 

independently of the other. T103.5 

explains that the length of buses, overthe-road buses, and vans is measured 

from standard bumper to standard 

bumper, exclusive of any additional 

protrusions. 

T104 Definitions 

T104.1 adopts the definitions in the 

Department of Transportation 

regulations for terms that are used in the 

proposed rule and are defined in the 

Department of Transportation 

regulations. These terms include: 

Accessible, bus, fixed route system, new 

vehicle, over-the-road bus, public entity, 

remanufactured vehicle, used vehicle, 

and wheelchair.25 T104.2 uses collegiate 

dictionaries to determine the meaning of 

terms that are not defined in the 

proposed rule or the Department of 

Transportation regulations. T104.3 

explains that singular and plural words, 

terms, and phrases are used 

interchangeably. T104.4 adds new 

definitions for the terms: boarding 

device, bridgeplate, level boarding bus 

system, operable part, and surface 

discontinuities. 

Chapter T2: Scoping Requirements 

T201 General 

This introductory section states that 

new, used, and remanufactured vehicles 

are required to comply with the scoping 

requirements in Chapter 2 to the extent 

required by the Department of 

Transportation regulations. 

T202 Reduction in Access Prohibited 

This section clarifies that 

modifications to an accessible vehicle 

must not decrease the accessibility of 

the vehicle below the requirements in 

effect at the time of the modification. 

T203 Buses, Over-the-Road Buses, and 

Vans 

This section contains the scoping 

requirements for buses, over-the-road 

buses, and vans. The scoping 

requirements address 14 features that 

affect the accessibility and usability of 

the vehicles, and reference the technical 

requirements in Chapters T3 through T8 

that the features must comply with to be 

readily accessible to and usable by 

individuals with disabilities. Some 

scoping requirements are based on the 

size of the vehicles, or apply only to 

vehicles operated in fixed route systems 

or vehicles operated by public entities 

(i.e., State or local government units). 

The scoping requirements in T203 

should be consulted before reading the 

technical requirements in Chapters T3 

through T8 to determine what technical 

requirements apply to the vehicle. 

T203.1 is a general introductory 

subsection that plainly states the 

scoping requirements in T203 apply to 

buses, over-the-road buses, and vans. 

The subsequent subsections in T203 

simply refer to buses, over-the-road 

buses, and vans as vehicles. Buses, overthe-road buses, and vans are simply 

referred to as vehicles in the discussion 

of those subsections below. 

Accessible Boarding 

The scoping requirements for 

accessible boarding in T203.2 are 

modified to address bus rapid transit 

systems in which some or all of the 

designated stops have station platforms 

that are coordinated with the vehicle 

floor to provide level boarding. These 

systems are referred to as level boarding 

bus systems in the proposed rule. 

T203.2.1 retains the current 

requirement in the 1991 guidelines that 

all vehicles provide lifts or ramps for 

accessible boarding. The current 

exception that permits over-the-road 

buses to provide portable or stationbased boarding devices is removed. 

T203.2.1 clarifies that lifts and ramps 

must be capable of being deployed to all 

designated stops on the route to which 

the vehicle is assigned and to the 

roadway. 

T203.2.1.2 modifies the scoping 

requirements for ramps as follows: 

• Ramps on vehicles more than 6.7 m 

(22 feet) in length must be permanently 

installed and power operated. 

• Vehicles that operate in level 

boarding bus systems where all the 

designated stops have station platforms 

are permitted to provide on board the 

vehicle portable ramps that can be 

deployed to the roadway in the event 

that the vehicle breaks down on the 

roadway. 

Additional scoping requirements 

apply to vehicles operating in level 

boarding bus systems as follows: 

• T203.2.2.1 requires the design of 

the vehicles to be coordinated with the 

station platforms to minimize the gap 

between the vehicle floor and the 

station platform. 

• T203.2.2.2 requires the vehicles to 

provide ramps or bridgeplates that can 

be deployed to the station platforms 

where the gap between the vehicle floor 

and station platforms is greater than 51 

mm (2 inches) horizontally or 16 mm 

(5⁄8 inch) vertically when measured at 50 

percent passenger load with the vehicle 

at rest. Where these gap dimensions are 

not exceeded, accessible boarding can 


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26 36 CFR 1192.161. 

be provided at station platforms without 

ramps or bridgeplates. Where ramps or 

bridgeplates are provided on vehicles, 

T303.8.2 specifies a 1:8 maximum ramp 

slope to the station platforms. 

• Where ramps or bridgeplates are 

required to provide accessible boarding 

at station platforms, T203.2.2.2.1 

requires vehicles with doorways on one 

side of the vehicle to provide ramps or 

bridgeplates in at least one doorway; 

and T203.2.2.2.2 requires vehicles with 

doorways on two sides of the vehicle to 

provide ramps or bridgeplates in at least 

one doorway on each side of the 

vehicle. The ramps or bridgeplates must 

be permanently installed and power 

operated. Ramps provided to comply 

with T203.2.1 can be used to provide 

accessible boarding at one doorway. 

Bridgeplates can be used to provide 

accessible boarding at additional 

doorways. 

The technical requirements for lifts, 

ramps, and bridgeplates are discussed 

under Chapter T3. 

Wheelchair Spaces 

The scoping and technical 

requirements for wheelchair spaces are 

discussed under Proposed Changes That 

Received Substantial Comment. 

Circulation Paths 

T 203.4.1 requires all circulation 

paths to comply with the technical 

requirements for surfaces. The technical 

requirements for surfaces are discussed 

under T802. 

T203.4.2.1 clarifies that circulation 

paths must connect each wheelchair 

space to a doorway with a boarding 

device that can be deployed to the 

roadway. Where a portable ramp is 

permitted on vehicles operating in level 

boarding bus systems, a circulation path 

must connect each wheelchair space to 

a doorway where a portable ramp can be 

deployed to the roadway. 

Additional scoping requirements 

apply to vehicles operating in level 

boarding bus systems. T403.4.2.2 

requires a circulation path to connect 

each wheelchair space to a doorway that 

provides accessible boarding at station 

platforms. Where doorways are 

provided on two sides of the vehicle, a 

circulation path must connect each 

wheelchair space to a doorway on each 

side of the vehicle that provides 

accessible boarding at station platforms. 

The technical requirements for 

circulation paths that connect 

wheelchair spaces to doorways are 

discussed under Proposed Changes That 

Received Substantial Comment. 

Doorways 

T203.5.1 through T203.5.3 require 

doorways with lifts or ramps, doorways 

with level-entry boarding, and doorways 

with steps on over-the-road buses to 

comply with the applicable technical 

requirements in T503, which are 

discussed under that section. T203.5.4 

requires doorways that provide 

accessible boarding to be identified on 

the exterior of the vehicle by the 

International Symbol of Accessibility, 

unless all the doorways provide 

accessible boarding. Where lighting is 

provided at doorways, T203.5.5 requires 

the lighting to comply with the 

technical requirements for lighting in 

T803, which are discussed under that 

section. 

Steps 

T203.6 requires steps on vehicles to 

comply with the technical requirements 

in T504, which are discussed under that 

section. 

Handrails, Stanchions, and Handholds 

The revisions to the scoping 

requirements for handrails, stanchions, 

and handholds at passenger doorways, 

at fare collection devices where 

provided, and along circulation paths in 

T203.7.1 are editorial only. Transit 

operators and vehicle manufacturers 

commenting on the drafts of the 

proposed rule noted it is not practical to 

provide stanchions or handholds on 

high-back reclining seats that are 

typically provided on over-the-road 

buses. T203.7.2 clarifies the location of 

handrails, stanchions, and handholds at 

forward and rear-facing seats on large 

vehicles that are more than that are 

more than 6.7 m (22 feet) in length. 

Handholds or stanchions must be 

provided on the back of low-back nonreclining seats, and handrails must be 

provided overhead or on overhead 

luggage racks at high-back reclining 

seats. The technical requirements for 

handrails, stanchions, and handholds 

are discussed under T505. 

Wheelchair Securement Systems 

The scoping and technical 

requirements for wheelchair securement 

systems are discussed under Proposed 

Changes That Received Substantial 

Comment. 

Seat Belts and Shoulder Belts 

The revisions to the scoping 

requirements for seat belts and shoulder 

belts in T203.9 are editorial only. 

Seats 

T203.10.1 clarifies the scoping 

requirements for the number and 

location of priority seats for passengers 

with disabilities on vehicles operated in 

fixed route systems. At least two seats 

must be designated as priority seats for 

passengers with disabilities. The seats 

must be located as near as practicable to 

a doorway that is used for both boarding 

and alighting. Where aisle facing and 

forward facing seats are provided, one of 

the priority seats must be an aisle facing 

seat and one of the priority seats must 

be a forward facing seat. The revisions 

to the scoping requirements for priority 

seat signs in T203.10.2 are editorial 

only. The signs must inform other 

passengers to make the seats available to 

passengers with disabilities. 

T203.10.3 modifies the scoping 

requirements for folding or removable 

armrests on the aisle side of seats on 

over-the-road buses. The 1991 

guidelines require at least 50 percent of 

aisle seats, including all moveable or 

removable seats at wheelchair spaces, to 

provide folding or removable armrests 

to permit easy access to the seats by 

passengers with disabilities.26 T203.10.3 

requires all moveable or removable aisle 

seats at wheelchair spaces and at least 

25 percent of all other aisle seats to 

provide folding or removable armrests. 

Destination and Route Signs 

The revisions to the scoping 

requirements for destination and route 

signs in T203.11 are editorial only. 

Where destination and route signs are 

provided on the exterior of a vehicle, 

the signs must be provided on the front 

and boarding side of the vehicle, and 

must be illuminated. The technical 

requirements for characters on the signs 

are discussed under T702. 

Public Address Systems 

The revisions to the scoping 

requirements for public address systems 

in T203.12 are editorial only. Vehicles 

more than 6.7 m (22 feet) in length that 

operate in fixed route systems and stop 

at multiple designated stops must 

provide a public address system to 

announce stops and provide other 

passenger information within the 

vehicle. 

Automated Stop and Route 

Announcements 

The scoping and technical 

requirements for automated stop and 

route announcements are discussed 

under Proposed Changes That Received 

Substantial Comment. 

Stop Request Systems 

The revisions to the scoping 

requirements for stop request systems in 

T203.14 are editorial only. Vehicles 


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more than 6.7 m (22 feet) in length that 

operate in fixed route systems and stop 

at multiple designated stops on 

passenger request must provide a stop 

request system. The technical 

requirements for stop request systems 

are discussed under T705. 

Fare Collection Devices 

T203.15 requires fare collection 

devices on vehicles to comply with the 

technical requirements in T806, which 

are discussed under that section. 

Chapter T3: Boarding Devices 

T301 General 

This section states that the technical 

requirements for boarding devices in 

Chapter T3 apply where required by the 

scoping requirements in Chapter T2. 

T302 Lifts 

This section contains the technical 

requirements for lifts. Advisory 

information is added after T302.1 

regarding the Federal Motor Vehicle 

Safety Standards (FMVSS) for motor 

vehicle lifts issued by the National 

Highway Traffic Safety Administration. 

The FMVSS are generally consistent 

with T302. Some of the requirements in 

T302 are more stringent than the 

FMVSS, including openings in lift 

platform surfaces in T302.5.1 and 

T802.3, and transitions at the boarding 

edges of threshold ramps on lift 

platforms in T302.5.5 and T802.5. T302 

also contains some requirements that 

are not addressed in the FMVSS, 

including door releases for manual 

operation of lifts in T302.4, boarding 

direction in T302.5.9, and use by 

standees in T302.5.10. 

T302.2 specifies a 273 kg (600 

pounds) minimum design load for lifts. 

The drafts of the proposed rule 

considered increasing the design load to 

300 kg (660 pounds). Comments from 

transit operators and vehicle 

manufacturers recommended that 

changes to the design load be 

coordinated with the FMVSS. The 

FMVSS requires a series of tests for lifts 

using a standard load of 273 kg (600 

pounds). Based on the comments, the 

design load is not changed. 

The following technical requirements 

in T302 are modified: 

• T302.4 requires doors that must be 

opened to manually operate the lift if 

the power fails to have interior and 

exterior manual releases. Exterior 

releases can have locks to secure the 

vehicle when unattended. The other 

requirements in T302.4 for manual 

operation of lifts in the event of power 

failure are the same as in the 1991 

guidelines. 

• T302.5.2 increases the height for 

measuring the clear width and length 

above the lift platform surface from 766 

mm (30 inches) to 1015 mm (40 inches) 

minimum to accommodate the controls 

on power wheelchairs. T 302.5.2 also 

clarifies that the clear length measured 

at the platform surface is 1015 mm (40 

inches) minimum. The other 

dimensions in T302.5.2 for the lift 

platform surface are the same as in the 

1991 guidelines. 

• T302.5.4 revises the specification 

for gaps between the lift platform 

surface and the vehicle floor to be 

consistent with the specifications for 

openings in T302.5.3. Gaps and 

openings must not allow the passage of 

a sphere more than 16 mm (5⁄8 inch) in 

diameter. 

• T302.5.5 requires transitions at 

threshold ramps on the boarding edge of 

lift platforms to comply with T802.5. 

T802.5 limits surface discontinuities to 

6.4 mm (1⁄4 inch) high maximum 

without edge treatment and 13 mm (1⁄2

inch) high maximum with beveled edge 

treatment. The bevel must have a slope 

not steeper than 1:2 (50 percent) applied 

across the entire surface discontinuity. 

The other requirements in T302.5.5 for 

the slope of threshold ramps on the 

boarding edge of lift platforms are the 

same as in the 1991 guidelines. 

• T302.5.6 revises the requirement for 

visual contrast on the sides of lift 

platform surfaces to be consistent with 

the FMVSS. The perimeter of lift 

platform surfaces must have a 25 mm (1 

inch) minimum outline that contrasts 

visually with the rest of the platform 

surface. 

• T302.5.7 eliminates the load test for 

lift platform deflection. The FMVSS 

specifies a load test for lift platform 

deflection. The other requirements in 

T302.5.7 for lift platform deflection are 

the same as in the 1991 guidelines. 

The revisions to the other technical 

requirements in T302 are editorial only. 

Those technical requirements are the 

same as in the 1991 guidelines and are 

summarized below: 

• T302.3.1 requires interlocks to 

prevent the vehicle from moving when 

the lift is not stowed and the lift 

controls from operating unless the 

interlocks are engaged. 

• T302.3.2 requires lift controls to be 

of a momentary contact type; permit the 

operator to change the operation 

sequence; and prevent the lift platform 

from folding, retracting, or stowing 

when occupied, unless the platform is 

designed to be occupied when stowed 

in the passenger area of the vehicle. 

• T302.5.1 requires lift platform 

surfaces to comply with the technical 

requirements for surfaces in T802. 

• T302.5.3 requires edge barriers on 

the sides of lift platforms to prevent the 

wheels of wheelchairs from rolling off 

the platforms. 

• T302.5.8.1 specifies the movement 

rate for lifts under normal operating 

conditions. 

• T302.5.8.2 specifies the movement 

rate for lifts in the event of a power 

failure or single failure of a load 

carrying component. 

• T302.5.9 requires lift platforms to 

permit passengers who use wheelchairs 

to board the platforms facing either 

toward or away from the vehicle. 

• T302.5.10 requires lift platforms to 

be usable by passengers who use 

mobility aids or have difficulty using 

steps. 

• T302.5.11 requires lift platform to 

have handrails on two sides of the 

platform that move in tandem with the 

platform to provide support for 

passengers in a standing position. 

T303 Ramps and Bridgeplates 

This section contains the technical 

requirements for ramps and 

bridgeplates. The technical 

requirements for ramp slope in T303.8 

are discussed under Proposed Changes 

That Received Substantial Comment. 

The following technical requirements 

in T303 are also modified: 

• T303.4 requires power operated 

ramps and bridgeplates to be operated 

manually if the power fails. 

• T303.5 requires ramp and 

bridgeplate surfaces to comply with the 

technical requirements in T802 for 

surfaces. T802.3 requires that openings 

in surfaces not allow the passage of a 

sphere more than 16 mm (5⁄8 inch) in 

diameter, and that elongated openings 

be placed so that the long dimension is 

perpendicular to the dominant direction 

of travel. Cut-outs are permitted in 

ramps and bridgeplates that are 

deployed manually for the operator to 

grasp the surface. The other 

requirements in T802 for slip resistant 

surfaces and protrusions on surfaces are 

the same as in the 1991 guidelines. 

• T303.7 clarifies that edge barriers 

are required where the edges of ramps 

and bridgeplates are more than 75 mm 

(3 inches) above the boarding or 

alighting area. 

• T303.9 requires transitions at the 

boarding edge of ramps and bridgeplates 

to comply with T802.5. T802.5 limits 

surface discontinuities to 6.4 mm (1⁄4

inch) high maximum without edge 

treatment and 13 mm (1⁄2 inch) high 

maximum with beveled edge treatment. 

The bevel must have a slope not steeper 

than 1:2 (50 percent) applied across the 

entire surface discontinuity. 


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• T303.10 revises the requirement for 

visual contrast on the sides of ramp and 

bridgeplate surfaces. The perimeter of 

ramp and bridgeplate surfaces must 

have a 25 mm (1 inch) minimum outline 

that contrasts visually with the rest of 

the ramp and bridgeplate surface. 

The revisions to the other technical 

requirements in T303 are editorial only. 

Those technical requirements are the 

same as in the 1991 guidelines and are 

summarized below: 

• T303.1 permits ramps and 

bridgeplates to fold or telescope if all 

the requirements in T303 are met. 

• T303.2 specifies the minimum 

design load for ramps and bridgeplates. 

The drafts of the proposed rule 

considered increasing the design load 

for ramps and bridgeplates to 

correspond with an increase in the 

design load for lifts. As discussed under 

T302, the design load for lifts is not 

changed and no corresponding change 

is made to the design load for ramps and 

bridgeplates. The design load for ramps 

and bridgeplates that are 760 mm (30 

inches) or more in length is 273 kg (600 

pounds). The design load for ramps and 

bridgeplates that are less than 760 mm 

(30 inches) in length is 136 kg (300 

pounds). 

• T303.3 requires ramps and 

bridgeplates to be firmly attached to the 

vehicle when in use. 

• T303.6 specifies the minimum clear 

width for ramps and bridgeplates. 

• T303.11 specifies the gap permitted 

between the ramp or bridgeplate surface 

and the vehicle floor when the ramp or 

bridgeplate is deployed. 

• T303.12 requires portable ramps 

and bridgeplates to be stowed safely 

when not in use and not to interfere 

with the maneuvering of wheelchairs. 

Chapter T4: Wheelchair Spaces and 

Securement Systems 

The technical requirements for 

wheelchair spaces in T402, and 

wheelchair securement systems in T403 

are discussed under Proposed Changes 

That Received Substantial Comment. 

The revisions to the technical 

requirements for seat belts and shoulder 

belts in T404 are editorial only. 

Chapter T5: Circulation Paths and 

Doorways on Buses, Over-the-Road 

Buses, and Vans 

T501 General 

This section states that the technical 

requirements for circulation paths on 

buses, over-the-road buses, and vans in 

Chapter T3 apply where required by the 

scoping requirements in Chapter T2. 

T502 Circulation Paths 

The technical requirements in T502 

for circulation paths that connect 

wheelchair spaces to doorways that 

provide accessible boarding are 

discussed under Proposed Changes That 

Received Substantial Comment. 

T503 Doorways 

T503.1 specifies the minimum 

vertical clearance at doorways with lifts 

or ramps. The revisions to this section 

are editorial only, and the technical 

requirements are the same as in the 

1991 guidelines: 1420 mm (56 inches) 

on vehicles 6.7 m (22 feet) or less in 

length; 1650 mm (65 inches) on overthe-road buses; and 1725 mm (68 

inches) on other vehicles more than 6.7 

m (22 feet) in length. A minimum clear 

opening is not specified for doorways 

with lifts or ramps since a minimum 

clear width of 760 mm (30 inches) is 

specified for lift platforms in T302.5.2 

and for ramps in T303.6. 

T503.2 adds new technical 

requirements for doorways with level 

entry boarding. 

T503.2.1 specifies the minimum clear 

opening at the doorways: 810 mm (32 

inches). 

T503.2.2 requires thresholds at the 

doorways to be marked by a contrasting 

strip 25 mm (1 inch) wide minimum. 

T503.3 specifies the minimum clear 

opening at doorways with steps on overthe-road buses. The revisions to this 

section are editorial only, and the 

technical requirements are the same as 

in the 1991 guidelines: 760 mm (30 

inches) from the lowest step tread to a 

height 1220 mm (48 inches) above the 

lowest step tread. Where compliance is 

not structurally feasible, the clear 

opening is permitted to be 685 mm (27 

inches). The clear opening is permitted 

to taper to 457 (18 inches) from a height 

1220 mm (48 inches) above the lowest 

step tread to the top of the doorway. 

Hinges and other door mechanisms are 

permitted to protrude 100 m (4 inches) 

maximum into the clear opening. 

T504 Steps 

T504.2 requires step tread surfaces to 

comply with the technical requirements 

for surfaces in T802, which are further 

discussed under that section. T504.3 

clarifies the current requirement for 

contrasting strips at step tread edges by 

specifying the minimum width of the 

strips: 25 mm (1 inch). 

T505 Handrails, Stanchions, and 

Handholds 

The revisions to the technical 

requirements for handrails, stanchions, 

and handholds in T505 are editorial 

only, and the requirements are the same 

as in the 1991 guidelines. T505.2 

specifies that handrails and stanchions 

at doorways be configured so that 

passengers with disabilities can grasp 

them from outside the vehicle and use 

them throughout the boarding and 

alighting process. T505.3 specifies that 

handrails at fare collection devices be 

configured so that passengers with 

disabilities can use them for support 

when using the fare collection device. 

T505.4 specifies that handrails and 

stanchions along circulation paths be 

configured so that passengers with 

disabilities can use them when moving 

through the vehicle. T505.5 specifies 

that handholds and stanchions on the 

backs of forward and rear facing seats be 

located directly adjacent to the aisle so 

that passengers with disabilities can use 

them when moving from the aisles to 

the seats. 

Chapter T6: Circulation Paths and 

Doorways on Rail Vehicles [Reserved] 

The technical requirements for 

circulation paths and doorways on rail 

vehicles will be included in Chapter T6 

when the guidelines for rail vehicles are 

revised. 

Chapter T7: Communication Features 

T701 General 

This section states that the technical 

requirements for communication 

features in Chapter T7 apply where 

required by the scoping requirements in 

Chapter T2. 

T702 Signs 

T702 revises the technical 

requirements for characters on signs to 

be consistent with the accessibility 

guidelines for buildings and facilities. 

The technical requirements address 

character proportions, character height, 

stroke thickness, character spacing, line 

spacing, and contrast. 

T703 International Symbol of 

Accessibility 

T703 adds new technical 

requirements for the International 

Symbol of Accessibility, and specifies 

that the symbol have a background field 

of at least 100 mm (4 inches) and a nonglare finish, and contrast with its 

background. 

T704 Automated Stop and Route 

Announcements 

The technical requirements for 

automated stop and route 

announcements in T704 are discussed 

under Proposed Changes That Received 

Substantial Comment. 


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T705 Stop Request Systems 

T705.1 clarifies the technical 

requirements for audible and visible 

indicators for stop request systems. 

Audible stop indicators can be verbal or 

non-verbal signals. Visible stop 

indicators can be a light or sign. T705.2 

clarifies the location of operable parts 

for stop request systems at wheelchair 

spaces, and specifies that the operable 

parts be located on a side wall or 

partition 610 mm (24 inches) minimum 

and 915 mm (36 inches) maximum from 

the back of the wheelchair space. 

Chapter T8: Other Features 

T801 General 

This section states that the technical 

requirements for other features in 

Chapter T8 apply where required by the 

scoping requirements in Chapter T2 or 

where referenced in another technical 

requirement. 

T802 Surfaces 

T802 contains the technical 

requirements for surfaces. These 

requirements are referenced in: T203.4.1 

for all circulation paths; T302.5.1 for lift 

platforms; T303.5 for ramps and 

bridgeplates; T402.2 for wheelchair 

spaces; and T504.2 for step treads. 

T802.2 requires surfaces to be slip 

resistant. The 1991 guidelines contain 

the same requirement. 

T802.3 specifies that openings in 

surfaces not allow the passage of a 

sphere more than 16 mm (k inch) in 

diameter, and that elongated openings 

be placed so that the long dimension is 

perpendicular to the direction of travel. 

Cut-outs are permitted in lift platforms 

that are folded and stowed manually 

and in ramps and bridgeplates that are 

deployed manually for the operator to 

grasp the surface. The 1991 guidelines 

contain similar requirements for lift 

platforms. 

T802.4 permits protrusions on 

surfaces to be 6.4 mm (@ inch) high 

maximum. The 1991 guidelines contain 

the same requirement for lift platforms 

and ramps. 

T802.5 addresses differences in levels 

between two adjacent surfaces, which 

are referred to as surface discontinuities. 

Surface discontinuities can be up to 6.4 

mm (@ inch) high without beveled edge 

treatment, and up to 13 mm (c inch) 

high with beveled edge treatment. The 

1991 guidelines contain the same 

requirement for thresholds at lift 

platforms and ramps. T802.5 modifies 

the requirement for beveled edge treat 

by specifying that the bevel extend 

across the entire surface discontinuity. 

T803 Doorway Lighting 

T803 addresses doorway lighting and 

specifies illuminance levels at lift 

platforms, ramps and bridgeplates, 

steps, and boarding and alighting areas 

adjacent to doorways. The illuminance 

levels are the same as specified in the 

1991 guidelines except for lift platforms, 

which is modified to be consistent with 

the illuminance levels in the Federal 

Motor Vehicle Safety Standards for lifts 

on motor vehicles. 

T804 Additional Requirements for 

Handrails, Stanchions, and Handholds 

T804 contains additional technical 

requirements for handrails, stanchions, 

and handholds. T804.2 simplifies the 

requirements for edges by requiring 

them to be rounded. T804.3 modifies 

the requirements for cross section to be 

consistent with the accessibility 

guidelines for buildings and facilities. 

The revisions to the requirements in 

T804.4 on clearances and in T804.5 on 

structural strength of handrails on lift 

platforms are editorial only, and those 

requirements are the same requirement 

as in the 1991 guidelines. 

T805 Operable Parts 

T805 contains technical requirements 

for operable parts. These requirements 

are referenced in: T706.2 for stop 

request systems and T806 for fare 

collection devices. 

T805.2 modifies the location height 

for operable parts: 610 mm (24 inches) 

minimum and 1220 mm (48 inches) 

maximum above the floor. 

T805.3 requires operation without 

tight grasping, pinching, or twisting of 

the wrist and a maximum activation 

force of 22.5 N (5 pounds). The 1991 

guidelines contain the same 

requirements for stop request systems. 

T806 Fare Collection Devices 

T806 requires fare collection devices 

to comply with the technical 

requirements for operable parts in T805, 

and the operable parts on fare collection 

devices to be located so that a 

wheelchair can approach within 255 

mm (10 inches) maximum. 

Regulatory Process Matters 

Executive Order 12866: Regulatory 

Planning and Review 

This proposed rule is a significant 

regulatory action under Executive Order 

12866 and has been reviewed by the 

Office of Management and Budget. The 

Access Board prepared a report to 

estimate the costs of requiring public 

transit agencies that operate 100 or more 

buses in annual maximum service in 

fixed route systems to provide 

automated stop and route 

announcements on buses that are more 

than 6.7 m (22 feet) in length and 

operate in fixed route systems. The 

report is available on the Access Board’s 

Web site at: http://www.accessboard.gov/transit/. The report is 

discussed under Proposed Changes That 

Received Substantial Comment. Vehicle 

manufacturers and transit operators are 

requested to provide information in 

Questions 1 through 21 on the 

feasibility and costs of the other 

proposed changes. The Access Board 

will consider this information along 

with other comments on the proposed 

rule when preparing the final rule and 

will prepare additional costs estimates 

based on the information provided, as 

appropriate. 

Regulatory Flexibility Act: Initial 

Regulatory Flexibility Analysis 

The Access Board prepared the 

following initial regulatory flexibility 

analysis to describe how the proposed 

rule affects small entities. 

Legal Basis, Objectives, and Reasons for 

Revising and Updating the Guidelines 

The Americans with Disabilities Act 

requires the Access Board to issue 

guidelines for transportation vehicles 

that are readily accessible to and usable 

by individuals with disabilities. The 

Access Board initially issued 

accessibility guidelines for 

transportation vehicles in 1991. The 

proposed rule revises and updates the 

accessibility guidelines for buses, overthe-road buses, and vans. The objectives 

for revising the guidelines are discussed 

in the preamble. Proposed changes that 

received substantial comment when 

drafts of the proposed rule were made 

available are discussed at the beginning 

of the preamble, including the reasons 

for each of the proposed changes. The 

other revisions to the guidelines are 

discussed after the proposed changes 

that received substantial comment. Most 

of these revisions are editorial only and 

restate current requirements in plain 

language that is clear and easy to 

understand. 

Small Entities Affected 

Small public entities (i.e., State or 

local government units with a 

population of less than 50,000) and 

small private entities (i.e., small 

businesses that meet the size standards 

established by the Small Business 

Administration) are affected by the 

Access Board’s guidelines to the extent 

that they are subject to the Americans 

with Disabilities Act and the 

Department of Transportation 

regulations implementing the 


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Americans with Disabilities Act. The 

Department of Transportation 

regulations apply to the following 

entities: 

• Public entities that provide 

designated public transportation (i.e., 

general or special transportation service, 

including charter service, provided to 

the general public on a regular and 

continuing basis), excluding public 

school transportation. 49 CFR 37.21 (a) 

(1) and 37.27 (a). 

• Private entities that provide 

specified public transportation (i.e., 

general or special transportation service, 

including charter service, provided to 

the general public on a regular and 

continuing basis). 49 CFR 37.21 (a) (2). 

• Private entities that are not 

primarily engaged in the business of 

transporting people but operate a 

demand responsive or fixed route 

system. 49 CFR 37.21 (a) (3). 

Reporting and Recordkeeping 

Requirements, Other Compliance 

Requirements, and Significant 

Alternatives 

There are no reporting or 

recordkeeping requirements. Proposed 

changes that received substantial 

comment when drafts of the proposed 

rule were made available are discussed 

at the beginning of the preamble. 

Questions 1 through 21 request 

comments on the proposed changes, 

including information on the feasibility 

and costs on the proposed changes. The 

following questions may be of interest to 

small entities: 

• Questions 1 through 6 request 

information on the feasibility and costs 

associated with the proposed 1:6 

maximum slope requirement for buses 

and vans equipped with ramps, as well 

as alternatives. 

• Questions 7, 8, and 9 requests 

information on the feasibility and costs 

associated with the proposed 34 inches 

minimum clear width requirement for 

circulation paths connecting wheelchair 

spaces to doorways that provide 

accessible boarding, and alternative 

performance specifications and test 

methods. 

• Questions 11 and 12 request 

information on the feasibility and costs 

associated with the proposed 

requirements for maneuvering 

clearances at wheelchair spaces. 

• Questions 13 and 14 request 

information on costs associated with 

proposed changes to the technical 

requirements for wheelchair securement 

systems on large vehicles with a gross 

vehicle weight rating 30,000 pounds or 

more. 

• Question 17 requests information 

from private entities who contract with 

public transit agencies that operate 100 

or more buses in annual maximum 

service in fixed route systems and 

acquire buses to operate in the fixed 

route systems under contract with the 

public transit agencies regarding the 

proposed requirement for automated 

stop and route announcements. 

Comments are also requested on 

alternatives to any of the new or 

modified requirements in the proposed 

rule. The Access Board will consider the 

comments and information on the 

proposed changes when preparing the 

final rule and final regulatory flexibility 

analysis, and will prepare additional 

cost estimates, as appropriate. 

Other Applicable Federal Rules 

The Americans with Disabilities Act 

requires the Department of 

Transportation to issue regulations to 

implement the transportation provisions 

of the statute. The Department of 

Transportation regulations include 

accessibility standards for 

transportation vehicles that are 

consistent with the Access Board’s 

transportation vehicle guidelines. The 

Department of Transportation’s 

regulations are legally enforceable. The 

Department of Transportation will 

conduct a separate rulemaking to amend 

its regulations so that the accessibility 

standards included in the regulations 

are consistent with the revisions to 

Access Board’s transportation vehicle 

guidelines. When the Department of 

Transportation amends its regulations, 

the Department of Transportation will 

establish the effective date for the 

revised accessibility standards. 

Executive Order 13132: Federalism 

The proposed rule adheres to the 

fundamental federalism principles and 

policy making criteria in Executive 

Order 13132. The proposed rule revises 

and updates guidelines issued under the 

Americans with Disabilities Act, civil 

rights legislation that was enacted by 

Congress pursuant to its authority to 

enforce the Fourteenth Amendment to 

the U.S. Constitution and to regulate 

commerce. The Americans with 

Disabilities Act was enacted ‘‘to provide 

a clear and comprehensive national 

mandate for the elimination of 

discrimination against individuals with 

disabilities’’ and ‘‘to ensure that the 

Federal government plays a central role 

in enforcing the standards established in 

this chapter on behalf of individuals 

with disabilities. 42 U.S.C. 12101 (b) (1) 

and (3). The Americans with Disabilities 

Act 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.’’ 42 U.S.C. 12201 (b). The 

Access Board made drafts of the 

proposed rule available for public 

review and comment. State and local 

governments, including public transit 

agencies, provided comments on the 

proposed changes. As discussed in the 

preamble, the comments were 

considered and changes were made to 

the proposed rule based on the 

comments. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

does not apply to proposed or final rules 

that enforce constitutional rights of 

individuals or enforce statutory rights 

that prohibit discrimination on the basis 

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

handicap, or disability. Since the 

proposed rule is issued under the 

Americans with Disabilities Act, which 

prohibits discrimination on the basis of 

disability, an assessment of the rule’s 

effect on State, local, and tribal 

governments, and the private sector is 

not required by the Unfunded Mandates 

Reform Act. 

List of Subjects in 36 CFR Part 1192 

Civil rights, Individuals with 

disabilities, Transportation. 

David M. Capozzi, 

Executive Director. 

For the reasons stated in the 

preamble, the Access Board proposes to 

amend 36 CFR part 1192 as follows: 

PART 1192—AMERICANS WITH 

DISABILITIES ACT (ADA) 

ACCESSIBILITY GUIDELINES FOR 

TRANSPORTATION VEHICLES 

1. The authority citation for 36 CFR 

part 1192 continues to read as follows: 

Authority: 42 U.S.C. 12204. 

2. Amend part 1192 by revising 

subpart B to read as follows: 

Subpart B—Buses, Over-the-Road 

Buses, and Vans 

§ 1192.21 Accessibility guidelines. 

The accessibility guidelines for buses, 

over-the-road buses, and vans are set 

forth in the Appendix to this part. The 

guidelines apply to the acquisition of 

new, used, and remanufactured 

transportation vehicles, and the 

remanufacture of existing transportation 

vehicles to the extent required by 

regulations issued by the Department of 

Transportation pursuant to the 

Americans with Disabilities Act at 49 

CFR part 37. 


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Subpart G—[Removed] 

3. Amend part 1192 by removing 

subpart G. 

Subpart F—[Redesignated as Subpart 

G] 

4. Amend part 1192 by redesignating 

subpart F as subpart G. 

5. Revise the appendix to part 1192 to 

read as follows: 

Appendix to Part 1192—Americans 

With Disabilities Act (ADA) 

Accessibility Guidelines for 

Transportation Vehicles 

BILLING CODE 8150–01–P 


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43772 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.092</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43773 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.093</GPH>
43774 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.094</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43775 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.095</GPH>
43776 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.096</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43777 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.098</GPH>
43778 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.999</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43779 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.099</GPH>
43780 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.100</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43781 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.101</GPH>
43782 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.102</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43783 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.103</GPH>
43784 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.104</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43785 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.105</GPH>
43786 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.106</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43787 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.107</GPH>
43788 Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.108</GPH>
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Proposed Rules 43789 

[FR Doc. 2010–18255 Filed 7–23–10; 8:45 am] 

BILLING CODE 8150–01–C 


srobinson on DSKHWCL6B1PROD with PROPOSALS3EP26JY10.109</GPH>