Americans With Disability Act Accessibility Guidelines for Passenger Vessels

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Americans With Disability Act Accessibility Guidelines for

Passenger Vessels

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of intent to establish advisory committee.

-----------------------------------------------------------------------

SUMMARY: The Architectural and Transportation Barriers Compliance Board

(Access Board) announces its intent to establish a Passenger Vessel

Access Advisory Committee (Committee) to make recommendations for

accessibility guidelines for passenger vessels covered by the Americans

with Disabilities Act of 1990. The Access Board requests applications

for representatives to serve on the Committee.

DATES: Applications should be received by May 14, 1998.

ADDRESSES: Applications should be sent to the Office of Technical and

Information Services, Architectural and Transportation Barriers

Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-

1111. Fax number (202) 272-5447.

Applications may also be sent via electronic mail to the Access

Board at the following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Paul Beatty, Office of Technical and

Information Services, Architectural and Transportation Barriers

Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-

1111. Telephone number (202) 272-5434 extension 19 (Voice); (202) 272-

5449 (TTY). This document is available in alternate formats (cassette

tape, Braille, large print, or computer disk) upon request and is also

available on the Board's Internet site (http://

[[Page 15176]]

www.access-board.gov/notices/pvaac.htm)

SUPPLEMENTARY INFORMATION: The Architectural and Transportation

Barriers Compliance Board (Access Board) is responsible for developing

accessibility guidelines under the Americans with Disabilities Act

(ADA) of 1990 (42 U.S.C. 12101 et seq.) to ensure that facilities and

vehicles covered by the law are readily accessible to and usable by

individuals with disabilities. 1 The ADA is a comprehensive

civil rights law that prohibits discrimination on the basis of

disability. Title II of the ADA establishes requirements for the

purchase, lease, and remanufacture of vehicles operated by State and

local government entities to provide designated public transportation.

42 U.S.C. 12141, 12142, 12144. For purposes of title II of the ADA, the

term ``designated public transportation'' means ``transportation * * *

by bus, rail, or any other conveyance * * * that provides the general

public with general or special service (including charter service) on a

regular and continuing basis.'' 2 42 U.S.C. 12141(2).

Passenger vessels such as ferries operated by State and local

government entities to provide designated public transportation are

thus subject to the transportation vehicle requirements of title II of

the ADA.

---------------------------------------------------------------------------

\1\ The Access Board is an independent Federal agency

established by section 502 of the Rehabilitation Act (29 U.S.C. 792)

whose primary mission is to promote accessibility for individuals

with disabilities. The Access Board consists of 25 members. Thirteen

are appointed by the President from among the public, a majority of

who are required to be individuals with disabilities. The other

twelve are heads of the following Federal agencies or their

designees whose positions are Executive Level IV or above: The

departments of Health and Human Services, Education, Transportation,

Housing and Urban Development, Labor, Interior, Defense, Justice,

Veterans Affairs, and Commerce; General Services Administration; and

United States Postal Service.

\2\ Designated public transportation does not include public

school transportation, transportation by aircraft (which is covered

by the Air Carrier Access Act (49 U.S.C. 1374(c))), or intercity or

commuter rail transportation (which is covered by other parts of the

ADA (42 U.S.C. 12161, 12162)).

---------------------------------------------------------------------------

Title III of the ADA establishes requirements for the purchase and

lease of vehicles operated by private entities, who are primarily

engaged in the business of transporting people and whose operations

affect commerce, to provide specified public transportation. 42 U.S.C.

12184. For purposes of title III of the ADA, the term ``specified

public transportation'' means ``transportation by bus, rail, or any

other conveyance * * * that provides the general public with general or

special service (including charter service) on a regular and continuing

basis.'' 3 42 U.S.C. 12181(10). Passenger vessels such as

cruise ships and excursion boats operated by private entities to

provide specified public transportation are thus subject to the

transportation vehicle requirements of title III of the ADA.

4 Title III of the ADA also establishes requirements for the

purchase and lease of vehicles by private entities who are not

primarily engaged in the business of transporting public but operate a

demand responsive or fixed route system. 42 U.S.C. 12182(b)(2) (B) and

(C). For example, an amusement park or hotel that operates shuttle

boats to transport patrons from a parking area to the main attraction

area or hotel itself would be subject to the transportation vehicle

requirements of title III of the ADA.

---------------------------------------------------------------------------

\3\ Specified public transportation does not include

transportation by aircraft (which is covered by the Air Carrier

Access Act (49 U.S.C. 1374(c))).

\4\ The Department of Transportation is responsible for issuing

regulations to implement the transportation vehicle requirements of

title III of the ADA. 42 U.S.C. 12186(a)(1). The Department of

Transportation has interpreted specified public transportation to

include cruise ships. 56 FR 45600 (September 6, 1991). Regarding

foreign-flag cruise ships, the Department of Transportation has

noted that the United States has jurisdiction over foreign-flag

ships in its ports but its ability to enforce its laws and

regulations may be limited where the terms of a law or regulation

are in conflict with the terms of an international treaty. Id. The

Department of Transportation has indicated that it would structure

any regulatory requirements affecting foreign-flag ships to avoid

such conflicts. Id.

---------------------------------------------------------------------------

In addition to the transportation vehicle requirements, title III

of the ADA establishes requirements for new construction and alteration

of places of public accommodation operated by private entities. 42

U.S.C. 12183. There are twelve categories of places of public

accommodation covered by title III of the ADA, including places of

lodging, establishments serving food or drink, and places of exhibition

or entertainment. 42 U.S.C. 12181(7) (A)-(L). Passenger vessels or

portions of vessels that are within any of the twelve categories of

places of public accommodation such as cruise ships, dinner ships,

gaming boats, and sightseeing vessels are thus subject to the public

accommodation requirements of title III of the ADA. 5

---------------------------------------------------------------------------

\5\ The Department of Justice is responsible for issuing

regulations to implement the public accommodation requirements of

title III of the ADA. 42 U.S.C. 12186(b). Under the Department of

Justice regulations, places of public accommodation on passenger

vessels are covered by the public accommodation requirements of

title III of the ADA. 28 CFR part 36, appendix B (see p. 613 of the

July 1, 1997 edition). Thus, some passenger vessels such as cruise

ships are subject to both the transportation vehicle and public

accommodation requirements of title III of the ADA.

---------------------------------------------------------------------------

As discussed above, titles II and III of the ADA cover a variety of

passenger vessels. The Access Board initially issued the Americans with

Disabilities Act Accessibility Guidelines for Transportation Vehicles

in 1991. 36 CFR part 1192. These guidelines primarily address bus and

rail transportation systems and have been adopted as the accessibility

standards for transportation vehicles by the Department of

Transportation. 49 CFR part 38. When the accessibility guidelines and

standards were proposed, the Access Board and the Department of

Transportation recognized that passenger vessels present different

design issues than buses and trains and requested information on

barriers presented by passenger vessels and how to solve them. 56 FR

11848 (March 20, 1991); 56 FR 13866 (April 4, 1991). Based on comments

received, the Access Board and the Department of Transportation

determined that further study was necessary to develop accessibility

guidelines and standards for passenger vessels. 56 FR 45558 (September

6, 1991); 56 FR 45599 (September 6, 1991). The Access Board and the

Department of Transportation subsequently sponsored a study to assess

the feasibility and impact of providing access to passenger vessels.

Volpe National Transportation Systems Center, ``Access for Persons with

Disabilities to Passenger Vessels and Short Facilities: The Impact of

Americans with Disabilities Act of 1990'' (July 1996). 6

Project ACTION of the National Easter Seal Society also recently

completed a study that examines best practices for providing access to

passenger vessels. Katherine McGuiness Associates, ``Accessible Water

Transportation, A Project ACTION Best Practice Study'' (October 1997).

7 Sufficient information is now available to develop

accessibility guidelines and standards for passenger vessels.

---------------------------------------------------------------------------

\6\ The report may be purchased from the National Technical

Information Service by calling (703) 605-6000 and requesting

publication number PB 97146948.

\7\ The report may be obtained from Project ACTION by calling

(202) 347-3066 (voice) or (202) 347-7385 (TTY).

---------------------------------------------------------------------------

The Access Board and the Department of Transportation held an

informational meeting in April 1996 with organizations representing

people with disabilities and the passenger vessels industry to discuss

issues related to developing accessibility guidelines and standards for

passenger vessels. As a result of the meeting and its experience

working with interested organizations to develop accessibility

guidelines, the Access Board has decided to establish a Passenger

Vessels Access Advisory

[[Page 15177]]

Committee (Committee). The Department of Transportation and the U.S.

Coast Guard will work with the Committee. The Committee will make

recommendations on issues such as:

Types of passenger vessels to be addressed by the

accessibility guidelines;

Barriers to the use of such vessels by persons with

disabilities;

Solutions to such barriers, if known, categorized by

disability (different solutions may be needed for different

disabilities) and research on such barriers; and

Contents of the accessibility guidelines.

The Committee will be expected to present a report with its

recommendations within 18 months of the Committee's first meeting.

The Access Board requests applications for representatives of the

following interests for membership on the Committee:

Owners and operators of various passenger vessels;

Designers or manufacturers of passenger vessels;

Individuals with disabilities; and

Others affected by accessibility guidelines for passenger

vessels.

The number of Committee members will be limited to effectively

accomplish the Committee's work and will be balanced in terms of

interests represented. Organizations with similar interests are

encouraged to submit a single application to represent their interest.

Applications should be sent to the Access Board at the address

listed at the beginning of this notice. The application should include

the representative's name, title, address, and telephone number; a

statement of the interests represented; and a description of the

representative's qualifications, including knowledge of accessible

design and any experience making passenger vessels accessible to

individuals with disabilities.

Committee members will not be compensated for their service. The

Access Board, at its own discretion, may pay travel expenses for a

limited number of persons who would otherwise be unable to participate

on the Committee. Committee members will serve as representatives of

their organizations, not as individuals. They will not be considered

special government employees and will not be required to file

confidential financial disclosure reports.

After the applications have been reviewed, the Access Board will

publish a notice in the Federal Register announcing the appointment of

Committee members and the first meeting of the Committee. The first

meeting of the Committee is tentatively scheduled for September 1998 in

Washington, DC. The Committee will operate in accordance with the

Federal Advisory Committee Act, 5 U.S.C. app 2. Committee meetings

usually will be held in Washington, DC. Each meeting will be open to

the public. A notice of each meeting will be published in the Federal

Register at least fifteen days in advance of the meeting. Records will

be kept of each meeting and made available for public inspection.

Although the Committee will be limited in size, there will be

opportunities for the public to present written information to the

Committee, participate through subcommittees, and to comment at

Committee meetings.

Thurman M. Davis, Sr.,

Chair, U.S. Architectural and Transportation Barriers Compliance Board.

[FR Doc. 98-8264 Filed 3-27-98; 8:45 am]

BILLING CODE 8150-01-P