[Federal Register Volume 63, Number 187 (Monday, September 28, 1998)]
[Rules and Regulations]
[Pages 51694-51703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25420]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1192

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 38

RIN 2105-AC00


Americans with Disabilities Act Accessibility Guidelines for 
Transportation Vehicles; Over-the-Road Buses

AGENCIES: Architectural and Transportation Barriers Compliance Board 
and Department of Transportation.

ACTION: Joint final rule.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
and the Department of Transportation amend the accessibility guidelines 
and standards under the Americans with Disabilities Act for over-the-
road buses (OTRBs) to include scoping and technical provisions for 
lifts, ramps, wheelchair securement devices, and moveable aisle 
armrests. Revisions to the specifications for doors and lighting are 
also adopted. The specifications describe the design features that an 
OTRB must have to be readily accessible to and usable by persons who 
use wheelchairs or other mobility aids. The Department of 
Transportation has published a separate rule elsewhere in today's 
Federal Register which addresses when OTRB operators are required to 
comply with the specifications.

EFFECTIVE DATE: October 28, 1998.

FOR FURTHER INFORMATION CONTACT: Access Board: Dennis Cannon, 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)

[[Page 51695]]

272-5434 extension 35 (voice); (202) 272-5449 (TTY). Electronic mail 
address: [email protected].
    Department of Transportation: Robert C. Ashby, Deputy Assistant 
General Counsel for Regulation and Enforcement, Department of 
Transportation, 400 7th Street SW., room 10424, Washington, DC 20590. 
Telephone (202) 366-9306 (voice) or (202) 755-7687 (TTY).
    The telephone numbers listed above are not toll-free numbers.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 1 on the telephone keypad, then 1 again, and 
requesting publication S-22 (Over-the-Road Buses Final Rule). Persons 
using a TTY should call (202) 272-5449. Please record a name, address, 
telephone number and request publication S-22. This document is 
available in alternate formats upon request. Persons who want a copy in 
an alternate format should specify the type of format (cassette tape, 
Braille, large print, or computer disk). This document is also 
available on the Board's Internet site (http://www.access-board.gov/
rules/otrbfinl.htm).

Background

    Under the Americans with Disabilities Act of 1990 (ADA), the 
Architectural and Transportation Barriers Compliance Board (Access 
Board) is responsible for developing guidelines to ensure that the 
various kinds of transportation vehicles covered by the law are readily 
accessible to and usable by individuals with disabilities.1 
42 U.S.C. 12204.
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    \1\ The Access Board is an independent Federal agency 
established by section 502 of the Rehabilitation Act of 1973, as 
amended, 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 whom 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.
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    The Department of Transportation (DOT), which is responsible for 
issuing regulations to implement the transportation provisions of the 
ADA, is required to include in its regulations accessibility standards 
for vehicles that are consistent with the Access Board's guidelines. 42 
U.S.C. 12186.
    For purposes of the ADA, an over-the-road bus (OTRB) is ``a bus 
characterized by an elevated passenger deck located over a baggage 
compartment.'' 42 U.S.C. 12181(5). The ADA provides for rulemaking to 
establish accessibility requirements for OTRBs operated by private 
entities to be conducted in two stages: interim requirements and final 
requirements. 42 U.S.C. 12186.2
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    \2\ OTRBs purchased by public entities or by a contractor to a 
public entity must currently meet the same accessibility 
requirements as do other buses, including requirements for lifts or 
ramps and wheelchair securement devices. 49 CFR 37.7(c).
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    The interim requirements were established in 1991 and do not 
require any structural changes to OTRBs. The Access Board issued 
accessibility guidelines for OTRBs that provided technical 
specifications for non-structural design features such as floor 
surfaces, lighting, and handrails and stanchions. 36 CFR 1192.151 to 
1192.157. The DOT adopted these guidelines as its standards and also 
established interim requirements for providing boarding assistance and 
accommodating wheelchairs and other mobility aids. 49 CFR 37.169 and 49 
CFR 38.151 to 38.157.
    Prior to establishing the final requirements, the Office of 
Technology Assessment was to study issues related to OTRB 
accessibility. 42 U.S.C. 12185. The Office of Technology Assessment 
published its study on May 16, 1993. Requirements for accessibility 
were to have taken effect by July 26, 1996, for large transportation 
providers, and one year later for small entities. 42 U.S.C. 12186. The 
National Highway System Designation Act of 1995 (Pub. L. 104-59), 
amended section 306(a)(2)(B)(iii) of the ADA by removing the specific 
compliance dates and instead requiring large transportation providers 
to comply two years after the issuance of the DOT regulation, and small 
providers to comply three years after issuance.
    As a preliminary step to issuing final requirements, the Access 
Board and the DOT held a workshop in Washington, DC on October 21 and 
22, 1993, to discuss issues related to OTRB accessibility. About 30 
representatives of the OTRB industry and disability organizations 
attended the workshop. At the workshop, it was announced that the 
Access Board and the DOT were considering amending the accessibility 
guidelines and standards for OTRBs to include technical specifications 
for:
     lifts, ramps, and wheelchair securement devices based on 
existing requirements for other buses in 36 CFR 1192.23 and 49 CFR 
38.23;
     accessible restrooms based on existing requirements for 
commuter and intercity rail cars in 36 CFR 1192.107 and 1192.123, and 
49 CFR 38.107 and 38.123; and
     front door width, overhead clearance for doors with lifts 
or ramps, and step riser height and tread depth.
    On March 25, 1998, the Access Board and the DOT issued a joint 
notice of proposed rulemaking (NPRM) to amend the accessibility 
guidelines and standards for OTRBs, as discussed at the workshop. (63 
FR 14571). The NPRM also proposed to revise the exterior lighting 
specification for OTRBs and other buses based on an equivalent 
facilitation determination made by the DOT.
    The DOT published a separate NPRM in the same Federal Register 
which addressed when OTRB operators would be required to comply with 
those specifications. (63 FR 14560).

Section-by-Section Analysis

    A total of 14 comments were received by the Board in response to 
the NPRM. One comment dealt only with issues raised by the Department 
of Transportation's NPRM and did not address any items under 
consideration by the Board. A comment submitted by a public transit 
operator wanted changes in the number of wheelchair or mobility aid 
seating locations for a 96-inch wide bus. However, public operators are 
subject to section ____.23, which was not the subject of this 
rulemaking. A manufacturer of urban transit buses was concerned that 
some of the provisions would apply to such buses and wanted a change in 
the definition of an OTRB. A manufacturer of OTRBs also suggested a 
change in the definition because it claimed the current definition 
would not include a 45-foot OTRB. In fact, the definition at 49 CFR 
37.3 does not reference any length.3 Since the definition of 
an OTRB is statutory, the Board has not changed it. Also, since 
accessible restrooms will not be required, the proposed specifications 
have been moved to a new appendix section as advisory guidance. Figure 
1 has been revised to conform to the text of the regulation.
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    \3\ The definition in the Department of Transportation 
regulation states ``Over-the-road bus means a bus characterized by 
an elevated passenger deck over a baggage compartment.'' The 
definition of ``Bus'' includes some examples which in no way limit 
the scope of the definition. 49 CFR 37.3.
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Section ____.31 Lighting

    This section requires that lighting be provided outside the bus 
door to illuminate the ground beyond the steps and lift. This section 
refers to urban transit buses but is being amended in

[[Page 51696]]

this rulemaking to be consistent with section ____.157, below.

Section ____.153 Doors, Steps and Thresholds

    Paragraph (a) currently requires slip-resistant surfaces and no 
changes were proposed.
    Paragraph (b) currently requires step edge contrast and proposed to 
add requirements for step riser height and tread depth.
    Comment. Commenters representing the interests of people with 
disabilities generally supported the requirements for step risers and 
treads, citing the benefits to some persons with mobility limitations 
but who would not want to use the lift. Manufacturers said that there 
was limited space in the vestibule and that decreasing the riser height 
and increasing the tread depth would require raising the first step, 
increasing the intrusion of steps into the aisle, interfering with 
structural components or steering mechanisms, decreasing baggage space, 
or some combination.
    Response. As the NPRM explained, this proposal was similar to the 
proposal for urban transit buses in 1991, which was not adopted. At 
that time, the Board was convinced that the requirements were not 
practicable. However, as the NPRM pointed out, there have been some 
significant changes in urban transit bus design in the intervening 
years and the Board asked whether there had been similar changes in 
OTRB design that would make the provisions feasible. The documentation 
supplied has convinced the Board that changes which have occurred have 
not been such that meeting the proposed requirements is now feasible. 
Therefore, the proposed requirements relating to riser height and tread 
depth have not been included in the final rule and the provision will 
remain unchanged from its current specification.
    Paragraph (c) specifies a minimum clear width for doors (other than 
doors in which lifts are installed; the width of such doors are 
governed by the lift width requirement) but would allow tapering above 
48 inches. This paragraph also proposed to allow minimal protrusion 
into this clear opening by hinges or operating mechanisms, provided 
such protrusions were between specified heights.
    Comment. Manufacturers said that some buses could achieve a 30-inch 
front door opening while others could only achieve a 27-inch opening, 
which is the current requirement. They pointed out that the width was a 
function of approach angle, front axle location (which could affect 
axle weight loading), and bus length. They also said that the rule 
should not prescribe hinge location, as this could restrict design 
options.
    Response. Achieving the widest possible door is desirable because 
some individuals with mobility limitations need to swing their legs to 
the side to mount steps. This typically occurs when entering or exiting 
the door itself, since once through the door, persons who use crutches 
or walkers usually hold the stepwell handrails rather than using their 
mobility aids while climbing the steps. While lifts are required to 
accommodate standees, the height of an OTRB floor may make the use of 
the lift problematic for some persons. Therefore, the front door should 
be as usable as possible. On the other hand, the Board recognizes that 
there are technical difficulties in providing wider front doors in all 
cases. Therefore, the final rule has been modified from the proposal to 
specify a 30-inch door whenever possible, but has included an exception 
where this is not feasible. An appendix note has been added to indicate 
the factors which would indicate what constitutes infeasibility. Also, 
the references to hinge height have been removed.
    Paragraph (d) has been added to specify a minimum lift door height. 
The NPRM specified a minimum height of 68 inches, measured from the 
highest point of the lift to the door header.
    Comment. Disability organizations supported this provision as 
needed to accommodate standees who would be unable to use the front 
door steps. Manufacturers said that the door height should be measured 
from the door sill rather than the highest point of the lift platform, 
as proposed. They pointed out that the platform would vary in height 
depending on load. For example, when unloaded, the platform is designed 
to be higher than the sill so that a wheelchair user exiting the bus 
would be going slightly up, increasing the feeling of security. Even a 
slight ``drop'' at the sill might be unsettling, they said.
    Also, there are different models of OTRBs with characteristics 
designed to meet specific needs. The largest buses, used primarily for 
sightseeing tours, could almost meet the requirement. However, there 
are other models designed to operate where overhead clearance is 
restricted by bridges, tunnels or other facilities. These vehicles must 
have a lower roof height and, therefore, could not achieve the proposed 
door height. Still other models are designed primarily for ``line 
haul'' transportation. These vehicles have a roof height nearly as high 
as the largest bus but a slightly higher floor to decrease the interior 
volume and increase luggage space. This reduces the space which must be 
air conditioned and, thus, improves fuel efficiency.
    Response. The final rule specifies that the measurement is to be 
taken from the door sill and specifies a 65-inch minimum. All 
dimensions are subject to the dimensional tolerances allowed by section 
____.4(b), consistent with significant figures and rounding 
conventions.

Section ____.157 Lighting

    This section requires that lighting be provided outside the bus 
door to illuminate the ground beyond the steps and lift.
    Comment. A manufacturer pointed out that the typical sedan door on 
an OTRB would block part of the light so that the proposed requirement 
to illuminate the area for three feet from ``all points'' perpendicular 
to the step would not be practicable.
    Response. The phrase ``all points'' has been removed from the final 
provision, both here and in section ____.31. A clarification has also 
been added since the provision applies to doorways in which lifts or 
ramps are installed. The provision was originally written to apply to 
urban transit buses in which the lift or ramp is normally installed in 
a door which also includes steps. Since the lift on an OTRB is 
installed in a separate door, the proposed reference to illumination 
perpendicular to the step tread has no meaning. Therefore, the 
provision has been clarified to apply the illumination requirement to 
the lift as well.

Section ____.159 Mobility Aid Accessibility

    This section provides the technical requirements for lifts, ramps 
and securement systems.
    Paragraph (a) provides the general scoping for the requirements of 
the following paragraphs. It specifies the number of securement 
locations to be provided and requires sufficient clearances to allow a 
wheelchair or mobility aid user to reach a securement location. Also, 
an exception allows a station-based lift that meets the same 
requirements as would apply to a lift mounted on the vehicle.
    Comment. An individual with a disability said that the maneuvering 
clearance required should be spelled out since his experience with his 
city's buses was that there is insufficient room to maneuver past the 
driver position.
    Response. Unlike urban transit buses, lifts on OTRBs are not 
installed in the front door. A separate door is provided in the side of 
the bus so a lift user does

[[Page 51697]]

not need to negotiate the aisle beside the driver. Therefore, the 
proposed provision is deemed adequate and no change has been made for 
the final rule.
    Comment. A commenter objected to the inclusion of the exception 
allowing a station-based lift on safety grounds because no lift would 
be present on the bus if it stopped at a location other than the 
station.
    Response. This exception is expected to be of limited use. It would 
only apply to the case in which an OTRB traveled solely between 
specific stations where the station-based lifts were deployed. This 
might occur, for example, where a bus provides a scenic trip through a 
park area and only picks up and discharges passengers at a visitors' 
center, scenic overlook, restaurant or similar locations, but does not 
operate outside the park. The Board expects this situation to be rare 
but the option of a station-based lift may provide some cost saving and 
is, therefore, worth preserving. The exception has been retained in the 
final rule.
    Paragraph (b) provides the technical specifications for lifts.
    Comment. A commenter suggested that the outer barrier should be 
five inches high.
    Response. No rationale was provided for the recommendation. The 
proposal contains a performance requirement that a common wheelchair or 
mobility aid be prevented from rolling off the lift platform whenever 
the platform is three inches or more off the ground. The performance 
requirement is sufficient and no change has been made in the final 
rule.
    Comment. One commenter said the lift platform should be prohibited 
from blocking the window at the securement location.
    Response. Such a requirement might preclude the use of some lifts. 
Since the NPRM did not propose this requirement, there was no 
opportunity for comment. Therefore, the final rule does not include 
such a requirement. An appendix note has been added to alert designers 
to this concern.
    Paragraph (c) provides technical requirements for ramps.
    No comments were received on this paragraph and no changes have 
been made.
    Paragraph (d) provides technical requirements for wheelchair and 
mobility aid securement.
    Comment. Two comments expressed concerns about the safety of the 
proposed securement requirements for OTRBs which travel at highway 
speeds. One of these suggested that the Department of Transportation 
not adopt any requirements for transporting wheelchairs on OTRBs until 
a comprehensive study is conducted.
    In connection with this section, the NPRM asked whether seats in 
OTRBs were required to meet safety standards different from those of 
urban transit buses. One manufacturer responded saying the requirements 
were the same.
    Response. Neither of the comments which expressed safety concerns 
provided any data to substantiate such a concern. Accessible OTRBs have 
been in service in the United States and around the world for many 
years. The Board is not aware of any problems with the securement 
systems.
    Actually, it is not the speed of the vehicle which is critical but 
the deceleration experienced when the vehicle stops suddenly. The 
heavier the vehicle, the slower it will come to a stop and, thus, the 
lower the deceleration. For this reason, the securement requirements 
for vans and small buses are higher than for large urban transit buses. 
OTRBs are heavier still. In fact, no securement of any kind is required 
for trains and rail vehicles, which may reach speeds as high as 150 
miles per hour.
    The securement requirement for urban transit buses was derived from 
the requirements for seats in general. That is, the force requirements 
were designed to restrain a wheelchair or mobility aid to the same 
extent as the general passenger seats are required to be anchored to 
the bus by motor vehicle safety standards. Since the seats in OTRBs are 
subject to the same requirements as urban transit buses, there does not 
appear to be any reason to apply a different standard to securement 
systems in such vehicles. Consequently, the provision has not been 
changed and the Board sees no evidence to suggest that the requirement 
should be deferred.

Section ____.161 Moveable Aisle Armrests

    This section requires that at least 50% of aisle armrests be 
moveable to allow persons with mobility limitations to enter and exit 
the seats easier.
    Comment. The NPRM asked whether moveable aisle armrests should be 
required to be provided and, if so, where and how many. Disability 
organizations supported a requirement and wanted all aisle armrests to 
be moveable. One organization said that it preferred all but no less 
than 50%, similar to the regulations under the Air Carrier Access Act 
regulations. A manufacturer said that it provided all aisle seats with 
moveable armrests as a standard feature.
    Response. The Board has decided to require that a minimum of 50% of 
the aisle seats, including all those removable or moveable seats at 
securement locations have moveable armrests.

Regulatory Process Matters

    This final rule is jointly issued by the Access Board and the DOT 
to amend the accessibility guidelines and standards for OTRBs by adding 
technical specifications for lifts, ramps, wheelchair securement 
devices, and movable aisle armrests. The final rule also revises 
technical specifications for doors and lighting. DOT has published a 
separate final rule in today's Federal Register which addresses when 
OTRB operators are required to comply with the technical 
specifications. The final rules are closely related and the Access 
Board and the DOT have treated them as a single regulatory action for 
purposes of Executive Order 12866 and the Regulatory Flexibility Act in 
order to avoid duplicative or unnecessary analyses. The final rules are 
a significant regulatory action under Executive Order 12866 and DOT's 
Regulatory Policies and Procedures. DOT has prepared a Regulatory 
Impact Analysis (RIA), which is summarized in the separate final rule 
the DOT has published in today's Federal Register. The Office of 
Management and Budget has reviewed both final rules.
    The final rules are likely to have a significant impact on a 
substantial number of small entities. DOT has incorporated a Regulatory 
Flexibility Analysis into the RIA and has included provisions in the 
separate final rule published in today's Federal Register to reduce the 
burden on small OTRB operators.

Text of Final Common Rule

    The text of the final common rule amendments to 36 CFR part 1192 
and 49 CFR part 38 appear below.
    1. Section ____.31 is amended by revising paragraph (c) to read as 
follows:


Sec. ____.31  Lighting.

* * * * *
    (c) The vehicle doorways, including doorways in which lifts or 
ramps are installed, shall have outside light(s) which, when the door 
is open, provide at least 1 foot-candle of illumination on the street 
surface for a distance 3 feet (915 mm) perpendicular to the bottom step 
tread or lift outer edge. Such light(s) shall be shielded to protect 
the eyes of entering and exiting passengers.
    2. Section ____.153 is amended by revising paragraph (c) and by 
adding paragraph (d) to read as follows:

[[Page 51698]]

Sec. ____.153  Doors, steps and thresholds.

* * * * *
    (c)(1) Doors shall have a minimum clear width when open of 30 
inches (760 mm), measured from the lowest step to a height of at least 
48 inches (1220 mm), from which point they may taper to a minimum width 
of 18 inches (457 mm). The clear width may be reduced by a maximum of 4 
inches (100 mm) by protrusions of hinges or other operating mechanisms.
    (2) Exception. Where compliance with the door width requirement of 
paragraph (c)(1) of this section is not feasible, the minimum door 
width shall be 27 in (685 mm).
    (d) The overhead clearance between the top of the lift door opening 
and the sill shall be the maximum practicable but not less than 65 
inches (1651 mm).
    3. Section ____.157 is amended by revising paragraph (b) to read as 
follows:


Sec. ____.157  Lighting.

* * * * *
    (b) The vehicle doorway shall have outside light(s) which, when the 
door is open, provide at least 1 foot-candle of illumination on the 
pathway to the door for a distance of 3 feet (915 mm) to the bottom 
step tread or lift outer edge. Such light(s) shall be shielded to 
protect the eyes of entering and exiting passengers.
    4. Section ____.159 is revised to read as follows:


Sec. ____.159  Mobility aid accessibility.

    (a)(1) General. All vehicles covered by this subpart shall provide 
a level-change mechanism or boarding device (e.g., lift or ramp) 
complying with paragraph (b) or (c) of this section and sufficient 
clearances to permit a wheelchair or other mobility aid user to reach a 
securement location. At least two securement locations and devices, 
complying with paragraph (d) of this section, shall be provided.
    (2) Exception. If portable or station-based lifts, ramps or bridge 
plates meeting the applicable requirements of this section are provided 
at stations or other stops required to be accessible under regulations 
issued by the Department of Transportation, the bus is not required to 
be equipped with a vehicle-borne device.
    (b) Vehicle lift--(1) Design load. The design load of the lift 
shall be at least 600 pounds (2665 N). Working parts, such as cables, 
pulleys, and shafts, which can be expected to wear, and upon which the 
lift depends for support of the load, shall have a safety factor of at 
least six, based on the ultimate strength of the material. Nonworking 
parts, such as platform, frame and attachment hardware which would not 
be expected to wear, shall have a safety factor of at least three, 
based on the ultimate strength of the material.
    (2) Controls--(i) Requirements. The controls shall be interlocked 
with the vehicle brakes, transmission, or door, or shall provide other 
appropriate mechanisms or systems, to ensure that the vehicle cannot be 
moved when the lift is not stowed and so the lift cannot be deployed 
unless the interlocks or systems are engaged. The lift shall deploy to 
all levels (i.e., ground, curb, and intermediate positions) normally 
encountered in the operating environment. Where provided, each control 
for deploying, lowering, raising, and stowing the lift and lowering the 
roll-off barrier shall be of a momentary contact type requiring 
continuous manual pressure by the operator and shall not allow improper 
lift sequencing when the lift platform is occupied. The controls shall 
allow reversal of the lift operation sequence, such as raising or 
lowering a platform that is part way down, without allowing an occupied 
platform to fold or retract into the stowed position.
    (ii) Exception. Where the lift is designed to deploy with its long 
dimension parallel to the vehicle axis and which pivots into or out of 
the vehicle while occupied (i.e., ``rotary lift''), the requirements of 
this paragraph (b)(2) prohibiting the lift from being stowed while 
occupied shall not apply if the stowed position is within the passenger 
compartment and the lift is intended to be stowed while occupied.
    (3) Emergency operation. The lift shall incorporate an emergency 
method of deploying, lowering to ground level with a lift occupant, and 
raising and stowing the empty lift if the power to the lift fails. No 
emergency method, manual or otherwise, shall be capable of being 
operated in a manner that could be hazardous to the lift occupant or to 
the operator when operated according to manufacturer's instructions, 
and shall not permit the platform to be stowed or folded when occupied, 
unless the lift is a rotary lift and is intended to be stowed while 
occupied.
    (4) Power or equipment failure. Platforms stowed in a vertical 
position, and deployed platforms when occupied, shall have provisions 
to prevent their deploying, falling, or folding any faster than 12 
inches/second (305 mm/sec) or their dropping of an occupant in the 
event of a single failure of any load carrying component.
    (5) Platform barriers. The lift platform shall be equipped with 
barriers to prevent any of the wheels of a wheelchair or mobility aid 
from rolling off the platform during its operation. A movable barrier 
or inherent design feature shall prevent a wheelchair or mobility aid 
from rolling off the edge closest to the vehicle until the platform is 
in its fully raised position. Each side of the lift platform which 
extends beyond the vehicle in its raised position shall have a barrier 
a minimum 1\1/2\ inches (13 mm) high. Such barriers shall not interfere 
with maneuvering into or out of the aisle. The loading-edge barrier 
(outer barrier) which functions as a loading ramp when the lift is at 
ground level, shall be sufficient when raised or closed, or a 
supplementary system shall be provided, to prevent a power wheelchair 
or mobility aid from riding over or defeating it. The outer barrier of 
the lift shall automatically raise or close, or a supplementary system 
shall automatically engage, and remain raised, closed, or engaged at 
all times that the platform is more than 3 inches (75 mm) above the 
roadway or sidewalk and the platform is occupied. Alternatively, a 
barrier or system may be raised, lowered, opened, closed, engaged, or 
disengaged by the lift operator, provided an interlock or inherent 
design feature prevents the lift from rising unless the barrier is 
raised or closed or the supplementary system is engaged.
    (6) Platform surface. The platform surface shall be free of any 
protrusions of \1/4\ inch (6.5 mm) high and shall be slip resistant. 
The platform shall have a minimum clear width of 28\1/2\ inches (725 
mm) at the platform, a minimum clear width of 30 inches (760 mm) 
measured from 2 inches (50 mm) above the platform surface to 30 inches 
(760 mm) above the platform, and a minimum clear length of 48 inches 
(1220 mm) measured from 2 inches (50 mm) above the surface of the 
platform to 30 inches (760 mm) above the surface of the platform. (See 
Figure 1 to this part.)
    (7) Platform gaps. Any openings between the platform surface and 
the raised barriers shall not exceed \5/8\ inch (16 mm) in width. When 
the platform is at vehicle floor height with the inner barrier (if 
applicable) down or retracted, gaps between the forward lift platform 
edge and the vehicle floor shall not exceed \1/2\ inch (13 mm) 
horizontally and \5/8\ inch (16 mm) vertically. Platforms on semi-
automatic lifts may have a hand hold not exceeding 1\1/2\ inches (28 
mm) by 4\1/2\ inches (113 mm) located between the edge barriers.
    (8) Platform entrance ramp. The entrance ramp, or loading-edge 
barrier used as a ramp, shall not exceed a slope of 1:8, measured on 
level ground, for a maximum rise of 3 inches (75 mm), and

[[Page 51699]]

the transition from roadway or sidewalk to ramp may be vertical without 
edge treatment up to \1/4\ inch (6.5 mm) . Thresholds between \1/4\ 
inch (6.5 mm) and \1/2\ inch (13 mm) high shall be beveled with a slope 
no greater than 1:2.
    (9) Platform deflection. The lift platform (not including the 
entrance ramp) shall not deflect more than 3 degrees (exclusive of 
vehicle roll or pitch) in any direction between its unloaded position 
and its position when loaded with 600 pounds (2665 N) applied through a 
26 inch (660 mm) by 26 inch test pallet at the centroid of the 
platform.
    (10) Platform movement. No part of the platform shall move at a 
rate exceeding 6 inches/second (150 mm/sec) during lowering and lifting 
an occupant, and shall not exceed 12 inches/second (300 mm/sec) during 
deploying or stowing. This requirement does not apply to the deployment 
or stowage cycles of lifts that are manually deployed or stowed. The 
maximum platform horizontal and vertical acceleration when occupied 
shall be 0.3g.
    (11) Boarding direction. The lift shall permit both inboard and 
outboard facing of wheelchair and mobility aid users.
    (12) Use by standees. Lifts shall accommodate persons using 
walkers, crutches, canes or braces or who otherwise have difficulty 
using steps. The platform may be marked to indicate a preferred 
standing position.
    (13) Handrails. Platforms on lifts shall be equipped with handrails 
on two sides, which move in tandem with the lift, and which shall be 
graspable and provide support to standees throughout the entire lift 
operation. Handrails shall have a usable component at least 8 inches 
(200 mm) long with the lowest portion a minimum 30 inches (760 mm) 
above the platform and the highest portion a maximum 38 inches (965 mm) 
above the platform. The handrails shall be capable of withstanding a 
force of 100 pounds (445 N) concentrated at any point on the handrail 
without permanent deformation of the rail or its supporting structure. 
The handrail shall have a cross-sectional diameter between 1\1/4\ 
inches (32 mm) and 1\1/2\ inches (38 mm) or shall provide an equivalent 
grasping surface, and have eased edges with corner radii of not less 
than \5/8\ inch (3.5 mm). Handrails shall be placed to provide a 
minimum 1\1/2\ inches (38 mm) knuckle clearance from the nearest 
adjacent surface. Handrails shall not interfere with wheelchair or 
mobility aid maneuverability when entering or leaving the vehicle.
    (c) Vehicle ramp--(1) Design load. Ramps 30 inches (760 mm) or 
longer shall support a load of 600 pounds (2665 N), placed at the 
centroid of the ramp distributed over an area of 26 inches by 26 inches 
(660 mm by 660 mm), with a safety factor of at least 3 based on the 
ultimate strength of the material. Ramps shorter than 30 inches (760 
mm) shall support a load of 300 pounds (1332 N).
    (2) Ramp surface. The ramp surface shall be continuous and slip 
resistant; shall not have protrusions from the surface greater than \1/
4\ inch (6.5 mm) high; shall have a clear width of 30 inches (760 mm); 
and shall accommodate both four-wheel and three-wheel mobility aids.
    (3) Ramp threshold. The transition from roadway or sidewalk and the 
transition from vehicle floor to the ramp may be vertical without edge 
treatment up to \1/4\ inch (6.5 mm). Changes in level between \1/4\ 
inch (6.5 mm) and \1/2\ inch (13 mm) shall be beveled with a slope no 
greater than 1:2.
    (4) Ramp barriers. Each side of the ramp shall have barriers at 
least 2 inches (50 mm) high to prevent mobility aid wheels from 
slipping off.
    (5) Slope. Ramps shall have the least slope practicable and shall 
not exceed 1:4 when deployed to ground level. If the height of the 
vehicle floor from which the ramp is deployed is 3 inches (75 mm) or 
less above a 6 inch (150 mm) curb, a maximum slope of 1:4 is permitted; 
if the height of the vehicle floor from which the ramp is deployed is 6 
inches (150 mm) or less, but greater than 3 inches (75 mm), above a 6 
inch (150 mm) curb, a maximum slope of 1:6 is permitted; if the height 
of the vehicle floor from which the ramp is deployed is 9 inches (225 
mm) or less, but greater than 6 inches (150 mm), above a 6 inch curb, a 
maximum slope of 1:8 is permitted; if the height of the vehicle floor 
from which the ramp is deployed is greater than 9 inches (225 mm) above 
a 6 inch (150 mm) curb, a slope of 1:12 shall be achieved. Folding or 
telescoping ramps are permitted provided they meet all structural 
requirements of this section.
    (6) Attachment. When in use for boarding or alighting, the ramp 
shall be firmly attached to the vehicle so that it is not subject to 
displacement when loading or unloading a heavy power mobility aid and 
that no gap between vehicle and ramp exceeds \5/8\ inch (16 mm).
    (7) Stowage. A compartment, securement system, or other appropriate 
method shall be provided to ensure that stowed ramps, including 
portable ramps stowed in the passenger area, do not impinge on a 
passenger's wheelchair or mobility aid or pose any hazard to passengers 
in the event of a sudden stop or maneuver.
    (8) Handrails. If provided, handrails shall allow persons with 
disabilities to grasp them from outside the vehicle while starting to 
board, and to continue to use them throughout the boarding process, and 
shall have the top between 30 inches (760 mm) above the ramp surface. 
The handrails shall be capable of withstanding a force of 100 pounds 
(445 N) concentrated at any point on the handrail without permanent 
deformation of the rail or its supporting structure. The handrail shall 
have a cross-sectional diameter between 1\1/4\ inches (32 mm) and 1\1/
2\ inches (38 mm) or shall provide an equivalent grasping surface, and 
have eased edges with corner radii of not less than \1/8\ inch (3.5 
mm). Handrails shall not interfere with wheelchair or mobility aid 
maneuverability when entering or leaving the vehicle.
    (d) Securement devices--(1) Design load. Securement systems, and 
their attachments to vehicles, shall restrain a force in the forward 
longitudinal direction of up to 2,000 pounds (8,880 N) per securement 
leg or clamping mechanism and a minimum of 4,000 pounds (17,760 N) for 
each mobility aid.
    (2) Location and size. The securement system shall be placed as 
near to the accessible entrance as practicable and shall have a clear 
floor area of 30 inches (760 mm) by 48 inches (1220 mm). Such space 
shall adjoin, and may overlap, an access path. Not more than 6 inches 
(150 mm) of the required clear floor space may be accommodated for 
footrests under another seat, modesty panel, or other fixed element 
provided there is a minimum of 9 inches (230 mm) from the floor to the 
lowest part of the seat overhanging the space. Securement areas may 
have fold-down seats to accommodate other passengers when a wheelchair 
or mobility aid is not occupying the area, provided the seats, when 
folded up, do not obstruct the clear floor space required. (See Figure 
2 to this part.)
    (3) Mobility aids accommodated. The securement system shall secure 
common wheelchairs and mobility aids and shall either be automatic or 
easily attached by a person familiar with the system and mobility aid 
and having average dexterity.
    (4) Orientation. At least one securement device or system required 
by paragraph (a) of this section shall secure the wheelchair or 
mobility aid facing toward the front of the vehicle. Additional 
securement devices or systems shall secure the wheelchair or mobility 
aid facing forward or rearward. Where the wheelchair or mobility aid is

[[Page 51700]]

secured facing the rear of the vehicle, a padded barrier shall be 
provided. The padded barrier shall extend from a height of 38 inches 
(965 mm) from the vehicle floor to a height of 56 inches (1420 mm) from 
the vehicle floor with a width of 18 inches (455 mm), laterally 
centered immediately in back of the seated individual. Such barriers 
need not be solid provided equivalent protection is afforded.
    (5) Movement. When the wheelchair or mobility aid is secured in 
accordance with manufacturer's instructions, the securement system 
shall limit the movement of an occupied wheelchair or mobility aid to 
no more than 2 inches (50 mm) in any direction under normal vehicle 
operating conditions.
    (6) Stowage. When not being used for securement, or when the 
securement area can be used by standees, the securement system shall 
not interfere with passenger movement, shall not present any hazardous 
condition, shall be reasonably protected from vandalism, and shall be 
readily accessed when needed for use.
    (7) Seat belt and shoulder harness. For each wheelchair or mobility 
aid securement device provided, a passenger seat belt and shoulder 
harness, complying with all applicable provisions of the Federal Motor 
Vehicle Safety Standards (49 CFR part 571), shall also be provided for 
use by wheelchair or mobility aid users. Such seat belts and shoulder 
harnesses shall not be used in lieu of a device which secures the 
wheelchair or mobility aid itself.
    5. Section ____.161 is added to subpart G to read as follows:


Sec. ____.161  Moveable aisle armrests.

    A minimum of 50% of aisle seats, including all moveable or 
removable seats at wheelchair or mobility aide securement locations, 
shall have an armrest on the aisle side which can be raised, removed, 
or retracted to permit easy entry or exit.
    6. A heading is added at the end of part ____ preceding the figures 
to read as follows:

Figures to Part ____

    7. Figures 1 and 2 are revised to read as follows:
BILLING CODE 4910-62-P

[[Page 51701]]

[GRAPHIC] [TIFF OMITTED] TR28SE98.000



BILLING CODE 4910-62-C

[[Page 51702]]

    8. Appendix to Part ____ is amended by adding a new section VI to 
read as follows:

Appendix to Part ____

* * * * *

VI. Over-the-Road Buses

A. Door Width

    Achieving a 30 inch wide front door on an over-the-road bus is 
considered not feasible if doing so would necessitate reduction of 
the bus approach angle, relocating the front axle rearward, or 
increasing the bus overall length.

B. Restrooms

    The following is provided to assist manufacturers and designers 
to create restrooms which can be used by people with disabilities. 
These specifications are derived from requirements for rail vehicles 
and represent compromises between space needed for use and 
constraints imposed by vehicle dimensions. As a result, some persons 
with disabilities cannot use a restroom which meets these 
specifications and operators who do provide such restrooms should 
provide passengers with disabilities sufficient advance information 
about design so that those passengers can assess their ability to 
use them. Designers should provide additional space beyond these 
minimum specifications whenever possible.
    (1) If an accessible restroom is provided, it should be designed 
so as to allow a person using a wheelchair or mobility aid to enter 
and use such restroom as specified in paragraphs (1)(a) through (e) 
of section VI.B of this appendix.
    (a) The minimum clear floor area should be 35 inches (890 mm) by 
60 inches (1525 mm). Permanently installed fixtures may overlap this 
area a maximum of 6 inches (150 mm), if the lowest portion of the 
fixture is a minimum of 9 inches (230 mm) above the floor, and may 
overlap a maximum of 19 inches (485 mm), if the lowest portion of 
the fixture is a minimum of 29 inches (740 mm) above the floor, 
provided such fixtures do not interfere with access to the water 
closet. Fold-down or retractable seats or shelves may overlap the 
clear floor space at a lower height provided they can be easily 
folded up or moved out of the way.
    (b) The height of the water closet should be 17 inches (430 mm) 
to 19 inches (485 mm) measured to the top of the toilet seat. Seats 
should not be sprung to return to a lifted position.
    (c) A grab bar at least 24 inches (610 mm) long should be 
mounted behind the water closet, and a horizontal grab bar at least 
40 inches (1015 mm) long should be mounted on at least one side 
wall, with one end not more than 12 inches (305 mm) from the back 
wall, at a height between 33 inches (840 mm) and 36 inches (915 mm) 
above the floor.
    (d) Faucets and flush controls should be operable with one hand 
and should not require tight grasping, pinching, or twisting of the 
wrist. The force required to activate controls should be no greater 
than 5 lbs (22.2 N). Controls for flush valves should be mounted no 
more than 44 inches (1120 mm) above the floor.
    (e) Doorways on the end of the enclosure, opposite the water 
closet, should have a minimum clear opening width of 32 inches (815 
mm). Door latches and hardware should be operable with one hand and 
should not require tight grasping, pinching, or twisting of the 
wrist.
    (2) Accessible restrooms should be in close proximity to at 
least one seating location for persons using mobility aids and 
should be connected to such a space by an unobstructed path having a 
minimum width of 32 inches (815 mm).

C. Visibility Through a Window

    Care should be taken so that the lift does not obscure the 
vision of the person occupying the securement position.

Adoption of Final Common Rule

    The agency specific proposals to adopt the final common rule, 
which appears at the end of the common preamble, are set forth 
below.

Architectural and Transportation Barriers Compliance Board

36 CFR Part 1192

List of Subjects in 36 CFR Part 1192

    Buses, Civil rights, Individuals with disabilities, Mass 
transportation, Railroads, Transportation.

Authority and Issuance

    For the reasons set forth in the common preamble, part 1192 of 
title 36 of the Code of Federal Regulations is amended as follows:

PART 1192--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY 
GUIDELINES FOR TRANSPORTATION VEHICLES

    1. The authority citation for 36 CFR part 1192 is revised to read 
as follows:

    Authority: 42 U.S.C. 12204.


Sec. 1192.31  [Amended]

    2. Section 1192.31 is amended by revising paragraph (c) to read as 
set forth at the end of the common preamble.


Sec. 1192.153  [Amended]

    3. Section 1192.153 is amended by revising paragraph (c) and by 
adding paragraph (d) to read as set forth at the end of the common 
preamble.


Sec. 1192.157  [Amended]

    4. Section 1192.157 is amended by revising paragraph (b) to read as 
set forth at the end of the common preamble.


Sec. 1192.159  [Revised]

    5. Section 1192.159 is revised to read as set forth at the end of 
the common preamble.


Sec. 1192.161  [Added]

    6. Section 1192.161 is added to subpart G to read as set forth at 
the end of the common preamble.

PART 1192  [AMENDED]

    7. A heading is added at the end of part 1192 preceding the figures 
to read as set forth at the end of the common preamble.
    8. Figures 1 and 2 are revised to read as set forth at the end of 
the common preamble.

Appendix to Part 1192  [Amended]

    9. The appendix to Part 1192 is amended by adding section VI to 
read as set forth at the end of the common preamble.
    Authorized by vote of the Access Board on July 15 and September 9, 
1998.
Thurman M. Davis, Sr.,
Chair, Architectural and Transportation Barriers Compliance Board.

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 38

List of Subjects in 49 CFR Part 38

    Buses, Civil rights, Individuals with disabilities, Mass 
transportation, Railroads, Transportation.

Authority and Issuance

    For the reasons set forth in the common preamble, part 38 of title 
49 of the Code of Federal Regulations is amended as follows:

PART 38--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY 
SPECIFICATIONS FOR TRANSPORTATION VEHICLES

    1. The authority citation for 49 CFR part 38 is revised to read as 
follows:

    Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.


Sec. 38.31  [Amended]

    2. Section 38.31 is amended by revising paragraph (c) to read as 
set forth at the end of the common preamble.


Sec. 38.153  [Amended]

    3. Section 38.153 is amended by revising paragraph (c) and by 
adding paragraph (d) to read as set forth at the end of the common 
preamble.


Sec. 38.157  [Amended]

    4. Section 38.157 is amended by revising paragraph (b) to read as 
set forth at the end of the common preamble.

[[Page 51703]]

Sec. 38.159  [Revised]

    5. Section 38.159 is revised to read as set forth at the end of the 
common preamble.


Sec. 38.161  [Added]

    6. Section 38.161 is added to subpart G to read as set forth at the 
end of the common preamble.

PART 38 [AMENDED]

    7. The existing heading preceding the figures is removed and a new 
heading is added at the end of part 38 preceding the figures to read as 
set forth at the end of the common preamble.
    8. Figures 1 and 2 are revised to read as set forth at the end of 
the common preamble.
    9. The appendix to Part 38 is amended by adding section VI to read 
as set forth at the end of the common preamble.

    Dated: September 17, 1998.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 98-25420 Filed 9-24-98; 2:15 pm]
BILLING CODE 8150-01-P, 4910-62-P