[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Notices]
[Pages 15175-15177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8264]
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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.
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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.
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\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)).
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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.
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\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.
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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
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\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.
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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.
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\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).
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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]
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