[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

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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