[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Rules and Regulations]
[Pages 56352-56440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21805]



[[Page 56351]]

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Part II





Architectural and Transportation Barriers Compliance Board





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36 CFR Parts 1190 and 1191



Americans With Disabilities Act (ADA) Accessibility Guidelines for 
Buildings and Facilities; Final Rule



Americans With Disabilities Act (ADA) Accessibility Guidelines for 
Buildings and Facilities; Architectural Barriers Act (ABA) 
Accessibility Guidelines; Recreation Facilities; Supplemental Notice of 
Proposed Rulemaking

  Federal Register / Vol. 67, No. 170 / Tuesday, September 3, 2002 / 
Rules and Regulations  

[[Page 56352]]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 98-5]
RIN 3014-AA16


Americans With Disabilities Act (ADA) Accessibility Guidelines 
for Buildings and Facilities; Recreation Facilities

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is issuing final accessibility guidelines to serve as 
the basis for standards to be adopted by the Department of Justice for 
new construction and alterations of recreation facilities covered by 
the Americans with Disabilities Act (ADA). The guidelines include 
scoping and technical provisions for amusement rides, boating 
facilities, fishing piers and platforms, golf courses, miniature golf, 
sports facilities, and swimming pools and spas. The guidelines will 
ensure that newly constructed and altered recreation facilities meet 
the requirements of the ADA and are readily accessible to and usable by 
individuals with disabilities.

DATES: The guidelines are effective October 3, 2002. The incorporation 
by reference of certain publications listed in the guidelines is 
approved by the Director of the Federal Register as of October 3, 2002.

FOR FURTHER INFORMATION CONTACT: Peggy Greenwell, 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) 272-0017 (Voice); (202) 272-0082 (TTY). E-
mail address: board.gov">greenwell@access-board.gov.

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-
0080, by pressing 2 on the telephone keypad, then 1, and requesting 
publication S-43 (Recreation Facilities Final Rule). Persons using a 
TTY should call (202) 272-0082. Please record a name, address, 
telephone number and request publication S-43. 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 ASCII disk). This document is also available 
on the Board's Internet site (http://www.access-board.gov/recreation/final.htm).

Background

    The Americans with Disabilities Act recognizes and protects the 
civil rights of people with disabilities.\1\ Titles II and III of the 
ADA require, among other things, that newly constructed and altered 
State and local government facilities, places of public accommodation, 
and commercial facilities be readily accessible to and usable by 
individuals with disabilities. Recreation facilities are among the 
types of facilities covered by titles II and III of the ADA.
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    \1\ See 42 U.S.C. 12101 et seq. (http://www.usdoj.gov/crt/ada/pubs/ada.txt).
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    The ADA designates the Access Board as the agency responsible for 
developing minimum accessibility guidelines to ensure that new 
construction and alterations of facilities covered by titles II and III 
of the ADA are readily accessible to and usable by individuals with 
disabilities.\2\ The Access Board initially issued the Americans with 
Disabilities Act Accessibility Guidelines (ADAAG) in 1991.\3\ Current 
ADAAG contains general scoping and technical provisions (ADAAG 1 to 4) 
that apply to all types of facilities, and special application sections 
(ADAAG 5 to 12) that include additional scoping and technical 
provisions for certain types of facilities.\4\ As discussed in more 
detail below, this final rule will amend section 4, and create a new 
section 15 (Recreation Facilities).
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    \2\ The Access Board is an independent Federal agency 
established by section 502 of the Rehabilitation Act 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.
    \3\ See 36 CFR part 1191, Appendix A (http://www.access-board.gov/adaag/html/adaag.htm).
    \4\ The special application sections cover the following 
facilities: restaurants and cafeterias (ADAAG 5); medical care 
facilities (ADAAG 6); business, mercantile and civic (ADAAG 7); 
libraries (ADAAG 8); transient lodging (ADAAG 9); transportation 
facilities (ADAAG 10); judicial, legislative, and regulatory 
facilities (ADAAG 11); and detention and correctional facilities 
(ADAAG 12). ADAAG 13 is reserved for housing and ADAAG 14 is 
reserved for public rights-of-way.
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    The Department of Justice is responsible for issuing regulations to 
implement titles II and III of the ADA. The regulations issued by the 
Department of Justice must include accessibility standards for newly 
constructed and altered facilities covered by titles II and III of the 
ADA. The standards must be consistent with the minimum accessibility 
guidelines issued by the Access Board. The Department of Justice has 
adopted ADAAG as the Standard for Accessible Design for title III of 
the ADA.\5\
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    \5\ See 28 CFR part 36, Appendix A (http://www.usdoj.gov/crt/ada/reg3a.html). The Department of Justice standards currently 
include ADAAG 1 to 10. State and local governments currently have 
the option of using ADAAG or an earlier standard, the Uniform 
Federal Accessibility Standards (UFAS), when constructing or 
altering facilities under the Department of Justice regulations for 
title II of the ADA. See 28 CFR 35.151(c) (http://www.usdoj.gov/crt/ada/reg2/html). The Department of Justice has issued a notice of 
proposed rulemaking to eliminate this option. 59 FR 31808 (June 20, 
1994).
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    This final rule amends ADAAG by adding a new special application 
section for amusement rides, boating facilities, fishing piers and 
platforms, golf courses, miniature golf, sports facilities, and 
swimming pools and spas. This rulemaking has had a long history. In 
1993, the Access Board established an advisory committee of 27 members 
to make recommendations on guidelines for recreation facilities. The 
Recreation Access Advisory Committee met from July 1993 to May 1994 and 
submitted a report to the Board, ``Recommendations for Accessibility 
Guidelines: Recreational Facilities and Outdoor Developed Areas''. 
After receiving the committee's report, the Board published it as an 
advance notice of proposed rulemaking (59 FR 48542, September 21, 
1994). Over 600 comments were received on the report and questions 
asked in the advance notice. To obtain additional information for this 
rulemaking, the Board also sponsored research on access to swimming 
pools in 1995; held informational meetings and conducted site visits on 
access to miniature golf facilities in September 1996; and held 
informational meetings and conducted site visits on accessible 
amusement rides in December 1999 and March and April 2000.
    A notice of proposed rulemaking (NPRM) was published in the Federal 
Register on July 9, 1999. (64 FR 37326, July 9, 1999). The comment 
period was originally scheduled to close on November 8, 1999, but was 
extended until December 8, 1999 to allow more time for the public to 
submit comments. These comments were submitted electronically, in 
writing, and as oral testimony received during two public hearings held 
in Dallas, TX (August 26,

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1999) and Boston, MA (November 17, 1999). Over 200 people attended 
these hearings and approximately 54 people provided testimony. The 
Board received approximately 300 comments during the public comment 
period.
    The Access Board created an ad hoc committee of Board members to 
review the comments received on the proposed rule. The ad hoc committee 
discussed significant issues associated with the comments and made 
recommendations to the full Board for the final rule. In an effort to 
provide the public with more opportunities for input into the 
provisions for the final rule, on July 21, 2000 the Board published a 
summary of the ad hoc committee's recommendations and put the summary 
in the rulemaking docket for public review (65 FR 4533, July 21, 2000). 
The comment period on the summary closed on September 19, 2000. 
Approximately 70 comments were received during the public comment 
period. Afterwards, the Board held informational meetings on the 
summary in Washington, DC (August 21-22, 2000) and San Francisco, CA 
(September 6-7, 2000).

General Issues

Incorporating the Final Rule on Recreation Facilities Into Future 
Revisions to ADAAG

    A complete review of ADAAG has been underway for several years. 
ADAAG was first published on July 26, 1991. The Board is committed to 
ensuring that ADAAG continues to reflect technological developments and 
is improved in terms of usability. Efforts also include coordination 
with changes in national standards and model code organizations and 
reconciling differences between ADAAG and national consensus standards, 
where possible. The Board published a notice of proposed rulemaking on 
November 16, 1999 with proposed revisions to ADAAG. The Board plans to 
issue final changes to ADAAG in the near future.
    The Board is issuing the final guidelines for recreation facilities 
prior to the publication of the final ADAAG revision. The Board then 
plans to incorporate these final guidelines into the final revisions to 
ADAAG. To effectively incorporate these guidelines into the new format, 
some minor formatting changes will be made. For instance, the revised 
ADAAG will include a new format and numbering system. This rule will 
need to be formatted to fit that system. Some of the provisions will 
also be modified slightly to avoid redundancy. No substantive changes 
to the text are planned. Once incorporated, the Board will develop a 
guide to assist users with the new ADAAG.
    The incorporation of the final recreation guidelines into the 
revised ADAAG will enhance the usability of the accessibility 
guidelines for architects, designers, manufacturers, operators and 
others using ADAAG. For example, accessibility guidelines for 
accessible parking spaces, toilet rooms, amusement rides, swimming 
pools, and exercise facilities will be combined into one document. 
Other improvements in the format of ADAAG will reduce redundancy 
through the use of basic technical provisions known as ``building 
blocks,'' which will provide consistent dimensions for clear spaces, 
turning spaces, and knee and toe clearances for elements. These basic 
technical provisions will apply unless otherwise modified in the 
section containing accessibility guidelines for recreation facilities. 
For example, handrail requirements for sloped entries into swimming 
pools modify the requirements otherwise required in the ramp provisions 
(ADAAG 4.8.5).

Multiple Chemical Sensitivities and Electromagnetic Sensitivities

    Individuals with multiple chemical sensitivities and 
electromagnetic sensitivities submitted a substantial number of written 
comments and attended the public information meetings on the draft 
final rule. They reported that chemicals used in recreation facilities, 
such as chlorine used in swimming pools and spas, and pesticides and 
synthetic fertilizers used on golf courses, are barriers that deny them 
access to those facilities. They requested the Board to include 
provisions in the final rule to make recreation facilities accessible 
for them.
    The Board recognizes that multiple chemical sensitivities and 
electromagnetic sensitivities may be considered disabilities under the 
ADA if they so severely impair the neurological, respiratory or other 
functions of an individual that it substantially limits one or more of 
the individual's major life activities. The Board plans to closely 
examine the needs of this population, and undertake activities that 
address accessibility issues for these individuals.
    The Board plans to develop technical assistance materials on best 
practices for accommodating individuals with multiple chemical 
sensitivities and electromagnetic sensitivities. The Board also plans 
to sponsor a project on indoor environmental quality. In this project, 
the Board will bring together building owners, architects, building 
product manufacturers, model code and standard-setting organizations, 
individuals with multiple chemical sensitivities and electromagnetic 
sensitivities, and other individuals. This group will examine building 
design and construction issues that affect the indoor environment, and 
develop an action plan that can be used to reduce the level of 
chemicals and electromagnetic fields in the built environment.
    Neither the proposed rule nor the draft final rule included 
provisions for multiple chemical sensitivities or electromagnetic 
sensitivities. The Board believes these issues require a thorough 
examination and public review before they are addressed through 
rulemaking. The Board does not address these issues in the final rule.

Existing Recreation Facilities

    The Board received a significant number of comments related to the 
impact of these accessibility guidelines on existing facilities. Some 
commenters interpreted the proposed rule and the draft final rule to 
require all existing recreation facilities or elements of these 
facilities to be modified to meet the new accessibility guidelines. 
They expressed concern that the guidelines would have a significant 
economic impact on existing recreation facilities.
    To clarify, ADAAG and the final accessibility guidelines for 
recreation facilities apply to newly designed or newly constructed 
buildings and facilities and to existing facilities when they are 
altered. ADAAG and the Department of Justice regulations address 
whether a change to a building or facility is considered an alteration. 
The publication of this final rule does not require that all existing 
facilities be modified to meet these guidelines. State and local 
governments who provide recreation facilities have a separate 
obligation under title II of the ADA to provide program accessibility 
which may require the removal of architectural barriers in existing 
facilities. See 28 CFR 35.150 (http://www.usdoj.gov/crt/ada/reg2.html). 
Private entities who own, lease (or lease to), or operate recreation 
facilities have a separate obligation under title III of the ADA to 
remove architectural barriers in existing facilities where it is 
readily achievable (i.e., easily accomplishable and able to be carried 
out without much difficulty or expense). See 28 CFR 36.304 (http://www.usdoj.gov/crt/ada/reg3a.html).
    Federal tax credits and deductions are available to private 
entities for architectural barrier removal in existing facilities. 
Federal funds also are available through the Community Development 
Block Grant Program to

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remove architectural barriers in existing facilities. State and local 
governments may use Community Development Block Grant funds to remove 
architectural barriers in publicly and privately operated facilities. 
Entities requesting guidance on their obligations for existing 
facilities should contact the Department of Justice.

Equivalent Facilitation

    Commenters addressing various sections of the recreation rule 
indicated the need for flexibility in designing and constructing 
accessible recreation facilities and elements. Commenters wanted to 
ensure that alternative designs would be permitted for providing 
accessibility with some of the unique elements and facilities addressed 
in this rule. Specific concerns were raised in comments related to 
accessible amusement rides and miniature golf courses.
    The Board recognizes that many of the facilities and elements 
addressed in this rule are unique and supports the need for flexibility 
in making them accessible. Section 2.2 of ADAAG currently permits 
``departures from particular technical and scoping requirements of this 
guideline by the use of other designs and technologies * * * where the 
alternative designs and technologies used will provide substantially 
equivalent or greater access to and usability of the facility.'' This 
provision applies to all facilities and elements addressed by ADAAG, 
including recreation facilities.

Section-by-Section Analysis

    This section of the preamble contains a concise summary of the 
final rule and an analysis of the comments the Board received on each 
section. The final rule amends several existing sections of ADAAG and 
adds a new special application section. Section 4 of ADAAG has been 
amended to include provisions addressing miscellaneous sports 
facilities and elements as explained below.

Miscellaneous Sports Facilities and Elements

    The accessibility guidelines for recreation facilities are 
primarily set forth in Section 15. Several changes, however, were also 
required within ADAAG section 4 to adequately address some of the 
unique sports facilities and elements.

Section 3.5  Definitions ``Area of Sport Activity''

    An area of sport activity is defined as ``that portion of a room or 
space where the play or practice of a sport occurs.'' The term is 
defined in order to clarify the requirements for connecting an 
accessible route with this type of space. The term is used broadly to 
define spaces where the play or practice of a sport occurs. It 
includes, but is not limited to, field sports such as softball, 
football, lacrosse, baseball, and soccer; court sports such as tennis, 
racquetball, and volleyball; and other sports such as gymnastics.
    Comment. A few commenters suggested that further clarification 
would be helpful in the use of the term ``sport'' and ``practice'' of a 
sport.
    Response. Providing an exhaustive list of sports is not practical, 
since it may inadvertently omit a sport, or fail to recognize an 
emerging sport of the future. The ``area of sport activity'' will vary 
from sport to sport. Exceptions to technical provisions in ADAAG 4.1.2 
(3) and (4) and 4.1.3 (2) and (3) clarify that accessibility is not 
required in the ``area of sport activity.'' This is consistent with the 
recommendations of the Recreation Access Advisory Committee and 
supports access to each ``area of sport activity,'' while not affecting 
the nature of the sport.

Section 4.1.1(5)(b)  General Exceptions

    The following recreation facilities or portions of recreation 
facilities are exempt from accessibility requirements: Raised 
structures used for refereeing, judging, or scoring a sport; water 
slides; animal containment areas not for public use; and raised boxing 
rings and wrestling rings.
    Comment. The proposed rule exempted structures used solely for 
refereeing a sport. A commenter questioned whether structures used for 
``judging'' or ``scoring'' a sport would also be considered exempt.
    Response. The exception has been modified in the final rule to 
include the term ``judging'' and ``scoring.'' The Board considers the 
structures used for these activities to be consistent with the intent 
of this exception.
    Comment. The proposed rule did not include any specific 
requirements for access to water slides. Question 4 in the proposed 
rule requested comments on this issue. Most of the commenters did not 
support providing access to the top of water slides. A few commenters 
suggested that access be required to the top of smaller water slides 
with an exemption for larger slides.
    Response. An exception has been added in the final rule exempting 
water slides, including the structure supporting the water slide, from 
the guidelines. Providing access to water slides would require 
extensive ramping or elevators which would make the slides cost 
prohibitive. Designers and operators are encouraged to provide access 
to smaller water slides, where possible. Recent designs for ``leisure 
pools'' have incorporated an accessible route to the top of water 
slides using the different elevations on a site. These designs provide 
increased access for individuals with disabilities.
    Comment. The proposed rule did not specifically address access to 
``life guard stands.'' A few commenters recommended that structures 
such as life guard stands be addressed.
    Response. ADAAG 4.1.1(5)(b) specifically exempts life guard stands 
and was added during a rulemaking for State and local government 
facilities (63 FR 2000, January 13, 1998).
    Comment. The proposed rule included exceptions to technical 
provisions for accessible routes in animal containment areas. The 
International Association of Amusement Parks and Attractions expressed 
concern about general requirements for accessibility in animal 
containment areas that are not open to the public and are specifically 
limited to animal handlers.
    Response. An exception has been added in the final rule to clarify 
that accessibility is not required to animal containment areas that are 
not for ``public use.'' Where animal containment areas are open to 
public use such as petting farms, the provisions of ADAAG 4.3 apply. 
Several exceptions to the provisions of ADAAG 4.3 in animal containment 
areas are also included in the final rule.
    Comment. The proposed rule exempted raised boxing rings from 
accessibility. A few commenters suggested that raised wrestling rings 
be added to this exception.
    Response. The exception has been modified in the final rule to add 
wrestling rings to the exemption.

Section 4.1.2(2)(b) and 4.1.3(1)(b)  Accessible Routes for Court Sports

    These sections are amended to require an accessible route complying 
with ADAAG 4.3 to directly connect both sides of the court in court 
sports.
    Comment. The proposed rule required an accessible route to connect 
both sides of the court in court sports. The American Institute of 
Architects (AIA) was concerned that an accessible route connecting the 
two sides of a court may not be a direct route and could require one to 
go around a multitude of courts to get to the other side of the court 
where a sport requires changing sides. This is especially critical in 
sports such as tennis, where changing sides of the court is part of the 
game.

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    Response. The accessible route must be a direct route from one side 
of the court to the other side. Requiring players on one side of the 
court to traverse through or around another court to get to the other 
side is not permitted.

Section 4.1.2(3) and 4.1.3(2)  Protruding Objects in Areas of Sport 
Activity

    Areas of sport activity are exempt from the requirements of ADAAG 
4.4 (Protruding Objects).
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.1.2 (4) and 4.1.3(3)  Ground Surfaces in Areas of Sport 
Activity and Animal Containment Areas

    Two exceptions are added to these sections which require ground 
surfaces along accessible routes and in accessible spaces to comply 
with ADAAG 4.5. ADAAG 4.5 requires ground and floor surfaces along 
accessible routes to be stable, firm, and slip resistant. ADAAG 4.5 
also addresses changes in level (ADAAG 4.5.2), carpet (ADAAG 4.5.3), 
and gratings ADAAG (4.5.4). Exception 1 exempts areas of sport activity 
from all requirements of ADAAG 4.5. Exception 2 exempts animal 
containment areas designed and constructed for public use from the 
requirements of ADAAG 4.5.2 and from providing a stable, firm, and slip 
resistant ground or floor surface.
    Comment. The proposed rule required an accessible route to connect 
to each area of sport activity. A commenter questioned the feasibility 
of this requirement when connecting multiple sand volleyball courts on 
a beach.
    Response. The final rule requires an accessible route to each area 
of sport activity in newly constructed facilities. For example, where a 
new sports field is planned with multiple fields, an accessible route 
is require to each field.
    With respect to sand volleyball courts located at beaches, the 
Board plans to more specifically address the accessible route 
requirement in a future rulemaking on outdoor facilities, including 
trails, picnic and camping facilities, and beaches. It is expected that 
this future rule will address accessible routes on beaches, including 
their location to various elements on a beach.
    Comment. The proposed rule exempted animal containment areas for 
hoofed animals from the requirements of a stable, firm, and slip 
resistant surface. Commenters questioned why the exception was limited 
to ``hoofed'' animal containment areas. Others suggested that other 
provisions such as ADAAG 4.5.2 (Changes in Level) not apply within 
these areas.
    Response. This exception has been amended in the final rule to 
include all animal containment areas and is not limited to those for 
``hoofed'' animals. The Board agrees that there often are areas where 
many different types of animals are contained and are not limited 
solely to hoofed animals. Exemption from the requirements to ADAAG 
4.5.2 (Changes in Level) has also been included since absorbent 
surfaces used to ensure the care and health of animals may conflict 
with this provision. As previously discussed, an exception has been 
added to ADAAG 4.1.1(5)(b) to clarify that accessibility is not 
required in animal containment areas that are not for public use.

Section 4.1.3(5) Exception 4(f)  Platform Lifts for Team or Player 
Seating Areas

    An exception is added to this section permitting the use of a 
platform lift in new construction as a means of providing access to 
team or player seating areas serving areas of sport activity.
    Comment. The proposed rule did not include an option to use a 
platform lift in new construction to provide access to team or player 
seating areas. The AIA and several architects representing a firm that 
specializes in sports facilities commented that platform lifts should 
be an option. They were particularly concerned about providing access 
to dugouts and other recessed team player seating areas in major league 
stadiums. They believed that providing a ramp parallel to the playing 
field presents a dangerous tripping and falling hazard for players 
attempting to field foul balls. Other groups representing persons with 
disabilities commended the Board for not allowing platform lifts in 
this environment in new construction. Among other issues, they cited 
the problems associated with relying on a mechanical device to provide 
access in newly constructed buildings and facilities.
    Response. The final rule includes an option to use a platform lift 
as part of an accessible route connecting team or player seating areas. 
While the Board includes this as an option in new construction, it is 
recommended that where possible, ramps be utilized. This will reduce 
reliance for persons with disabilities on a mechanical device when 
providing access. Several minor league stadiums have incorporated a 
ramp into their design in recent years. It is the Board's understanding 
that there have been no reported incidents of accidents related to the 
ramps. Information on major league stadiums is not available since 
ramps have not been incorporated into their designs.

Section 4.1.3(12)(c)  Lockers

    This section is amended to require that where lockers are provided, 
at least 5 percent, but not less than one, of each type of locker, must 
comply with ADAAG 4.25.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.1.3(13)  Controls and Operating Mechanisms for Exercise 
Equipment and Machines

    An exception is added to this section to exempt exercise machines 
from the requirements of ADAAG 4.27 (Controls and Operating 
Mechanisms).
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.1.3(19)(c)  Team or Player Seating Areas

    This section is amended to require that where team or player 
seating areas contain fixed seats and serve an accessible area of sport 
activity, the seating area must contain the number of wheelchair spaces 
required by ADAAG 4.1.3(19)(a), but not less than one space. Wheelchair 
spaces must comply with ADAAG 4.33.2, 4.33.3, 4.33.4, and 4.33.5.
    An accessible route is required to connect to the team player 
seating areas. An accessible route is also required to connect to the 
area of sport activity which is defined as ``that portion of a room or 
space where the practice or play of a sport occurs.'' For the most 
part, the requirement is intended to provide access to the boundary of 
where the sport is played. In some cases, this will provide for a 
``level'' entry to the area of sport activity such as a softball field 
or football field. In other cases, there may be changes in level and 
non-accessible surfaces. The Board recognizes that the accessible route 
requirement may, in some cases, not ensure access directly onto the 
area of sport activity. Where possible, designers are encouraged to 
provide for a smooth transition to the area of sport activity. This 
requirement is not intended to change the nature of the sport to 
provide access.
    Comment. The AIA questioned how wheelchair spaces in team or player 
seating areas could meet the requirements of ADAAG 4.33.3. ADAAG 4.33.3 
requires, among other things, that the wheelchair spaces provide a 
choice of admission prices or lines of sight

[[Page 56356]]

comparable to those afforded members of the general public.
    Response. An exception has been added in the final rule exempting 
the wheelchair spaces in team or player seating areas from requirements 
related to choice of admission price or lines of sight comparable to 
those for members of the general public. Section 4.1.3(19)(c) is 
intended to ensure that at least one wheelchair space is provided in 
team or player seating areas. This can easily be accomplished through 
clear space adjacent to a fixed bench, for example. Bench seating will 
also serve as companion seating. Where designers and operators are 
planning facilities to serve a variety of wheelchair sports, it is 
recommended that the minimum be exceeded to more adequately accommodate 
wheelchair sports team.
    Exception 2 is added to clarify that the requirements for 
accessible team or player seating does not apply to bowling lanes that 
are not required to be on an accessible route. Section 15.7.3 requires 
5 percent, but not less than one, of each type of bowling lane to be 
served by an accessible route. Only those team or player seating areas 
that serve the bowling lanes required to be on an accessible route must 
have accessible team or player seating.
    Comment. The proposed rule included an exception to ADAAG 4.1.3(19) 
for assembly seating in amusement facilities. The exception permitted 
use of a transfer seat complying with 15.1.4 where the motion of the 
seats is an integral part of the amusement experience. A few commenters 
questioned why this was permitted and recommended that wheelchair 
spaces be designed so as to provide the same general experience or 
effects as other seats.
    Response. This exception has been deleted in the final rule. The 
Board is aware of amusement facilities where the various effects 
provided within the show are also provided at the wheelchair space. 
Many of the effects, such as misting or smoke, may be easy to 
incorporate into the wheelchair space. Others effects, such as 
aggressive seat motion, may be extremely difficult to incorporate and 
may possibly be unsafe. The Board expects that designers will provide 
the same effects for the wheelchair space as other seats, to the extent 
possible. An appendix note also recommends that providing companion 
seats with removable armrests will provide an option for persons using 
wheelchairs to transfer into the seat in these venues, if desired.

Section 4.1.3(21)  Dressing, Fitting, or Locker Rooms

    This section requires that where dressing, fitting, or locker rooms 
are provided, the rooms must comply with ADAAG 4.35. An exception 
permits 5 percent, but not less than one, of the rooms to be accessible 
when they are provided in a cluster.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.1.3(22)  Saunas and Steam Rooms

    This section requires where saunas and steam rooms are provided, 
the rooms must comply with ADAAG 4.36. An exception permits 5 percent, 
but not less than one, of the rooms to be accessible when they are 
provided in a cluster.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.35  Dressing, Fitting, and Locker Rooms

Section 4.35.1  General

    This section requires dressing, fitting, and locker rooms required 
to be accessible by ADAAG 4.1 to comply with ADAAG 4.35 and to be on an 
accessible route.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.35.4  Benches in Accessible Dressing Rooms, Fitting Rooms, 
and Locker Rooms

    This section requires benches complying with ADAAG 4.37 in 
accessible dressing, fitting, and locker rooms.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.36  Saunas and Steam Rooms

Section 4.36.1  General

    This section requires saunas and steam rooms required to be 
accessible by ADAAG 4.1 to comply with ADAAG 4.36.
    Comment. Several commenters questioned whether an operator would be 
required to provide a heat resistant wheelchair in accessible saunas 
and steam rooms.
    Response. The provision of heat resistant chairs is an operational 
issue and outside the jurisdiction of the Board. Questions regarding 
the operational issues related to the use of accessible facilities and 
elements will be addressed by the Department of Justice when it adopts 
accessibility standards for recreation facilities.

Section 4.36.2  Wheelchair Turning Space

    This section requires wheelchair turning space complying with ADAAG 
4.2.3 to be provided within a sauna or steam room. An exception permits 
the wheelchair turning space to be obstructed by readily removable 
seats.
    Comment. The proposed rule permitted the maneuvering space to be 
``temporarily'' obstructed by readily removable seats. Commenters 
questioned what would be considered ``temporary''.
    Response. The term ``temporarily'' has been deleted in the final 
rule. The intent of the provision is to permit a seat or bench to be 
located within the required maneuvering space within a room, provided 
that it can be readily removed. The focus of the exception is on the 
seat being ``readily removable'' to enable persons using wheelchairs to 
avail themselves of smaller saunas and steam rooms.

Section 4.36.3  Sauna and Steam Room Bench

    This section requires that where seating is provided in a sauna or 
steam room, at least one bench complying with ADAAG 4.37 must be 
provided. An exception permits the clear floor space required by ADAAG 
4.37.1 to be obstructed by readily removable seats.
    Comment. The proposed rule permitted readily removable seats to 
``temporarily'' obstruct the clear floor space and commenters 
questioned what would be considered ``temporary''.
    Response. As discussed above, the term ``temporarily'' has been 
deleted in the final rule.

Section 4.36.4  Door Swing

    This section requires that doors shall not swing into any part of 
the clear floor space required at an accessible bench.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.37  Benches

Section 4.37.1  General

    Benches required to be accessible by 4.1 must comply with 4.37. No 
substantive comments were received and no changes have been made for 
the final rule.

Section 4.37.2  Clear Floor or Ground Space

    This section requires clear floor or ground space complying with 
ADAAG 4.2.4 to be provided and be positioned for a parallel approach to 
a short end of

[[Page 56357]]

a bench seat. An exception permits the clear floor or ground space 
required by 4.37.2 to be obstructed by readily removable seats in 
saunas and steam rooms.
    No substantive comments were received and no changes have been made 
to this provision in the final rule.

Section 4.37.3  Size

    The final rule requires benches to be fixed and have seats that are 
20 inches minimum to 24 inches maximum in depth and 42 inches minimum 
in length.
    Comment. A few comments questioned whether a portable bench would 
meet the requirements for accessible benches.
    Response. This provision has been modified in the final rule to 
include the term ``fixed''.

Section 4.37.4  Back Support

    This section requires benches to have back support that is 42 
inches minimum in length and that extends from a point 2 inches maximum 
above the seat to a point 18 inches minimum above the bench.
    Comment. The proposed rule included the requirement for back 
support under ADAAG 4.37.2 (Size). Commenters expressed confusion over 
the requirements for back support for benches and some questioned 
whether back support was required.
    Response. Back support is required for an accessible bench in a 
sauna or steam room, or a dressing room. To clarify this requirement, 
the technical provisions that were part of ADAAG 4.37.2 in the proposed 
rule have been included in a separate provision, ADAAG 4.37.3, in the 
final rule.

Section 4.37.5  Seat Height

    This section requires benches to be 17 inches minimum to 19 inches 
maximum above the floor or ground.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.37.6  Structural Strength

    This section requires that benches be strong enough to withstand a 
vertical or horizontal force of 250 pounds applied at any point on the 
seat, fastener, mounting device, or supporting structure.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 4.37.7  Wet Locations

    This section requires that where installed in wet locations, the 
surface of benches must be slip-resistant and shall not accumulate 
water.
    No substantive comments were received and no changes have been made 
for the final rule.

Section 10.5  Boat and Ferry Docks

    This section is deleted in the final rule.
    Comment. The proposed rule applied the accessibility guidelines for 
recreational boating facilities to boat and ferry docks located at 
transportation facilities, covered by ADAAG Section 10. This section of 
the proposed rule received little comment.
    Response. The Board is concerned that those involved in the design 
and construction of boat and ferry docks may not have been fully aware 
of the proposed rule and therefore may not have evaluated its impact on 
such facilities. In addition, through the proposed rule, the Board 
sought information to establish access provisions for gangways based on 
the size of vessels using floating piers. Few commenters responded to 
the question, and none provided the type of information the Board was 
seeking.
    The Board is not addressing commercial boat and ferry docks at 
transportation facilities at this time. In the future, the Board will 
consider whether such transportation facilities should be treated 
differently than recreational boating facilities covered by 15.2. As a 
result, ADAAG 10.5 has been deleted.

Section 15  Recreation Facilities

    Section 15 has been added to ADAAG and contains accessibility 
guidelines for amusement rides, boating facilities, fishing piers and 
platforms, golf courses, miniature golf courses, exercise equipment and 
machines, bowling lanes, shooting facilities, and swimming pools and 
spas. Unless otherwise modified in section 4 or specifically addressed 
in 15, all other ADAAG provisions apply. For example, special technical 
provisions have not been included in section 15 for toilet rooms or for 
accessible parking. In this case, other appropriate provisions in ADAAG 
4.22 and ADAAG 4.6 apply. The accessibility guidelines for play areas, 
which were issued on October 18, 2000 (65 FR 62498) are reprinted in 
Section 15.
    Comment. A few commenters suggested that the term ``recreation 
facilities'' be defined. They suggested that the lack of definition 
leaves some doubt about how to apply the provisions in this section. 
They questioned whether locker rooms for a professional sports team, 
for example, would be considered a ``recreation facility''.
    Response. Recreation facilities is not defined in the final rule. 
The term is used generally to address the types of elements and 
facilities covered by this section. The term is inclusive and applies 
to buildings and facilities designed and constructed for recreation, as 
well as elements and spaces located in a facility. For example, section 
15.7.1 would apply to exercise equipment and machines located in an 
office building as a part of employee health club. Also, these 
provisions would apply to locker rooms for professional and other 
sports teams.

Section 15.1  Amusement Rides

    Significant comment on amusement ride accessibility was received on 
the proposed rule. The proposed rule would have required that one 
wheelchair space and one transfer seat be provided for each 100 seats 
on new amusement rides and proposed technical provisions for the 
wheelchair spaces and transfer seats. The majority of comments were 
from amusement park operators, and amusement ride manufacturers and 
designers. The Board also received comments from groups representing 
persons with disabilities.
    Overall, commenters did not support the provisions in the proposed 
rule for access to amusement rides. The commenters stated that the 
proposed rule lacked flexibility, making it impossible for most rides 
to comply with the guidelines given the uniqueness of this industry. 
They also raised concern about the lack of available manufactured rides 
that would meet the proposed provisions. Most rides are manufactured 
outside the United States where there is an absence of accessibility 
requirements. The ride manufacturers in the United States indicated 
significant hardship on their businesses to retool to meet some of the 
proposed technical provisions. Amusement park operators interpreted the 
proposed rule to require operators to modify manufactured rides. Most 
indicated that they were either unwilling or unable to modify a ride in 
a way that would differ from the manufacturer's specifications because 
they were not willing to accept the liability associated with modifying 
the ride or did not have sufficient engineering expertise to do so.
    Additionally, several groups representing persons with disabilities 
expressed concern that some rides, such as walk through attractions and 
fun houses, would be exempt along with rides in traveling carnivals. 
They wanted the accessibility guidelines to encourage ride 
manufacturers to make all rides accessible. The Eastern

[[Page 56358]]

Paralyzed Veterans Association (EPVA) wanted the number of accessible 
amusement rides to be doubled from the proposed rule.
    Because of these comments, the Board held several information 
meetings with representatives from the amusement industry and others to 
gather additional information. Site visits were also made to several 
amusement parks to better understand the issues raised. The information 
gained from these meetings and site visits have shaped the amusement 
ride section of the final rule.
    Based on this information, the final rule differs significantly 
from the proposed rule. The final rule makes major changes in the 
number of accessible spaces per ride and in the options for providing 
access. It also includes different requirements for wheelchair spaces 
and for ride seats designed for individuals to transfer from their 
wheelchair or other mobility device. The final rule provides the 
flexibility requested by commenters in this unique environment, while 
still providing a high level of accessibility to persons with 
disabilities.
    Since this is the first time national accessibility guidelines have 
been established for amusement rides, the Board intends to monitor the 
implementation of these guidelines. As with other accessibility 
guidelines developed by the Board, future updates and revisions are 
planned to ensure that the guidelines reflect new designs and 
technology.

Section 3.5  Definitions

    Three terms are defined for amusement rides.
    An ``amusement ride'' is a system that moves persons through a 
fixed course within a defined area for the purpose of amusement. 
Editorial changes are made in the final rule to be consistent with 
terms used within the amusement industry.
    Comment. A few commenters questioned whether this section would 
apply to a ski lift, tram, or a gondola. Trams and gondolas are 
provided at some amusement parks.
    Response. Section 15.1 is not intended to apply to ski lifts, 
trams, or gondolas. These devices are designed primarily for the 
purpose of transporting people from one point to another. While a ride 
on a ski lift or tram may be enjoyable, it is not designed primarily 
for the ``purpose of amusement''. Trams and similar vehicles are 
already addressed in the ADA Accessibility Guidelines for 
Transportation Vehicles (Vehicle Guidelines). See 36 CFR 1192.179.
    An ``amusement ride seat'' is defined as a seat that is built-in or 
mechanically fastened to an amusement ride intended to be occupied by 
one or more passengers. This is a new term which has been added to the 
final rule. ``Amusement ride seats'' are referenced in several of the 
technical provisions.
    Comment. The proposed rule did not include the term ``amusement 
ride seat.'' Several commenters including those representing the 
International Association of Amusement Parks and Attractions (IAAPA) 
questioned the differences between the transfer seat and the amusement 
ride seat in the proposed rule. Questions were also raised about the 
application of the guidelines to rides without seats or those designed 
with a variety of riding postures, such as toboggan style.
    Response. A definition for amusement ride seats is added to the 
final rule. The Board intends the guidelines to apply to amusement 
rides with seats. Specific technical provisions included in this 
section address clear floor or ground space and maneuvering space 
requirements for amusement ride seats where transfer access is 
provided. Technical provisions focus on ensuring that people can 
transfer from their wheelchairs or mobility aids to the ride seats. 
With respect to the various riding postures, the Board intends these 
guidelines to apply to those amusement rides with ride seats, including 
toboggan style, but not to those amusement rides where the rider is 
expected to be in the prone position or standing. In these cases, 
however, an accessible route complying with ADAAG 4.3 is required to 
the load and unload area.
    A ``transfer device'' is defined as equipment designed to 
facilitate the transfer of a person from a wheelchair or other mobility 
device to and from an amusement ride seat. Several new scoping and 
technical provisions included in the final rule specify a ``transfer 
device.'' An appendix note provides additional information on available 
transfer devices, including ways to provide equipment that will provide 
for a safe and independent transfer from a wheelchair or other mobility 
device.

Section 15.1.1  General

    Newly designed or newly constructed and altered amusement rides are 
required to comply with 15.1.1. Four exceptions are included in the 
final rule. Under Exception 1, portable or mobile amusement rides are 
not covered by the guidelines. Exceptions 2, 3, and 4 clarify that 
amusement rides that are controlled or operated by the rider; amusement 
rides designed primarily for children, where children are assisted on 
and off the ride by an adult; and amusement rides without amusement 
ride seats are only required to comply with 15.1.4 and 15.1.5, which 
requires an accessible route to and maneuvering space in the load and 
unload areas.
    Comment. Amusement park operators requested clarification regarding 
how the guidelines apply to existing rides.
    Response. As previously mentioned, the final rule is significantly 
different from the proposed rule. The term ``new'' is included in 
15.1.1 to clarify that this section applies to ``new'' rides and not to 
existing rides. The Department of Justice has the rulemaking authority 
to address existing rides.
    A custom manufactured ride is new upon its ``first use'', which is 
the first time amusement park patrons take the ride. With respect to 
amusement rides purchased from other entities, ``new'' refers to the 
first permanent installation of a ride, whether the ride is used ``off 
the shelf'' or is modified before it is installed. The application of 
these guidelines to existing amusement rides that are altered is 
discussed elsewhere in this preamble. The final rule provides operators 
with the requested flexibility. Providing opportunities for access for 
persons with disabilities may be accomplished under the final rule 
without modifying the ride itself.
    Comment. The preamble of the proposed rule explained that the 
guidelines applied to permanent amusement rides with fixed seats that 
are set up for a long duration and are not regularly assembled and 
disassembled. Amusement rides set up for short periods of time such as 
rides that are part of traveling carnivals, State and county fairs, 
festivals, and other special events are not addressed by these 
guidelines. The majority of amusement ride manufacturers supported this 
approach and considered it appropriate given the uniqueness of these 
rides. However, the commenters were concerned that the proposed rule 
did not specifically exempt temporary rides. Others suggested that a 
time frame be attached to this concept of ``temporary'' to clarify 
specifically what is meant. They suggested a 90 day or less time frame 
be used to define how long such rides can operate at the same location. 
Several groups representing persons with disabilities believed that 
temporary rides should also be accessible. They believed that 
manufacturers should be encouraged to make temporary rides as 
accessible as permanent rides.
    Response. Exception 1 is added to specify that mobile or portable 
amusement rides are not covered by

[[Page 56359]]

15.1. The Department of Justice is authorized to determine the 
applicable requirement for these rides.
    While mobile rides are not specifically addressed by these 
guidelines, other ADA requirements including general nondiscrimination 
obligations, program accessibility, and barrier removal provisions of 
the ADA apply to covered entities operating mobile or portable 
amusement rides. Mobile amusement rides are subject to a variety of 
site conditions that affect the load and unload areas. Because the 
rides are transported over the road, their size and weight is also 
restricted. This can limit the size available for the load and unload 
areas along with the accessible route to the ride.
    Ride operators and manufacturers are encouraged to apply the 
provisions of this section to mobile amusement rides, where possible. 
Mobile rides are available that provide roll-on access and others may 
be close to providing transfer access with some minor adaptations in 
the load and unload areas. The Board will, upon request, work with 
interested manufacturers to provide guidance on providing either roll-
on access or transfer access for someone using a wheelchair or mobility 
device.

Exception 2

    Comment. The proposed rule excluded from the definition of 
amusement rides, those rides which are controlled or operated by the 
rider such as bumper cars and go-carts. A few commenters suggested that 
these types of rides also be addressed by this section. Several 
commenters requested guidance on whether making a ride turn faster or 
shake faster would be considered ``control''.
    Response. An exception has been added to the final rule for rides 
that are controlled by the rider requiring such rides to only provide 
an accessible route to the ride and maneuvering space in the load and 
unload areas. The Board plans to gather additional information for 
making these rides accessible for potential rulemaking in the future. 
In the interim, designers and operators may use the applicable 
provisions in ADAAG and this final rule as a guide in providing access.
    With respect to the issue of control, the exception is not intended 
to apply to those rides where patrons may affect some incidental 
movements of the ride, but otherwise have no control.

Exception 3

    Comment. The proposed rule did not distinguish between those rides 
designed for adults and those designed for young children, also known 
as ``kiddie rides.'' Many amusement park operators and ride 
manufacturers commented that ``kiddie rides'' should be exempt from 
compliance with the provisions of 15.1.1. Most indicated that size 
restrictions will prohibit compliance with several of the provisions.
    Response. Because of their size restrictions, an exception has been 
added to the final rule for ``kiddie'' rides requiring such rides to 
only provide an accessible route to and maneuvering space in the load 
and unload area. The requirement for an accessible route will provide 
access for adults and family members assisting children on and off 
these rides. An amusement industry definition for ``kiddie rides'' 
includes rides designed for children up to the age of 12. The Board 
does not support an exemption for rides designed for children up to age 
12. Rather, the exception is limited to those rides designed 
``primarily'' for children, where children are assisted on and off the 
ride by an adult. The Board intends that this exception be limited to 
those rides designed for children and not for the occasional adult 
user.

Exception 4

    Comment. Some commenters interpreted the proposed rule to apply to 
amusement rides without seats.
    Response. Section 15.1 of the proposed rule limited the application 
of this section to rides ``containing fixed seats''. Exception 4 is 
added in the final rule to further clarify that 15.1 does not apply to 
amusement rides without ride seats. Amusement rides without seats are 
required to be served by an accessible route and connect to accessible 
load and unload areas.

Section 15.1.2  Alterations to Amusement Rides

    Section 15.1 applies to amusement rides that are altered. This 
section clarifies that a modification to an existing amusement ride is 
an alteration if one or more of the following conditions apply: (1) The 
amusement ride's structural or operation characteristics are changed to 
the extent that the ride's performance differs from that specified by 
the manufacturer or the original design criteria; or (2) the load and 
unload area of the amusement ride is newly designed and constructed.
    Comment. The majority of commenters questioned how the proposed 
rule applied to existing amusement rides. Many commenters believed that 
the guidelines require that all existing amusement rides be accessible. 
Others inquired about the requirements for existing rides that are 
modified and the type of modification that would trigger the alteration 
provisions.
    Response. The final rule addresses alterations to existing 
amusement rides. See the discussion at the beginning of this preamble 
for further information on ADA obligations for existing amusement 
rides.
    Where an existing amusement ride is modified in a way that does not 
change the ride's structural or operational characteristics to the 
extent that the ride's performance differs from that specified by the 
manufacturer's or original design criteria, the amusement ride is not 
required to comply with 15.1.1. Routine maintenance, painting, and 
changing of story boards are examples of activities that do not 
constitute an alteration.
    As with other elements or facilities subject to the alterations 
provisions in ADAAG, ``technical infeasibility'' applies to alterations 
of amusement rides. In this case, compliance with the technical 
provisions is required except where the nature of the existing ride 
makes it virtually impossible to comply fully. In these circumstances, 
the alteration should provide the maximum accessibility feasible.
    Comment. Commenters requested clarification regarding how the 
guidelines apply where amusement rides are moved.
    Response. In response to this question, a provision has been added 
that requires a ride to be accessible when a new load and unload area 
is designed and constructed for the ride. This provision applies where 
a ride is moved either within a park or to another park and a new load 
and unload area is designed and constructed. The ride must comply with 
15.1.1. Operators have a choice of providing either a wheelchair space, 
ride a seat designed for transfer, or a transfer device. In most cases 
with an existing amusement ride, providing a transfer device may be the 
most appropriate. This option does not require modification to the 
ride. Where an amusement ride is moved and the load and unload area is 
not modified, the provisions of 15.1.1 do not apply. In this case, the 
on-going obligations of ``readily achievable barrier removal'' or 
``program accessibility'' will apply.

Section 15.1.3  Number Required

    This section requires each amusement ride to provide at least one 
wheelchair space complying with 15.1.7, or at least one amusement ride 
seat designed for transfer complying with 15.1.8, or at least one 
transfer device complying with 15.1.9.

[[Page 56360]]

    Comment. The proposed rule required one wheelchair space per 100 
fixed seats and one transfer seat per 100 fixed seats to be provided on 
each amusement ride. An exception permitted two transfer seats in lieu 
of a wheelchair space where a wheelchair space is not operationally or 
structurally feasible. Significant comment was received on this 
provision during the comment period. Amusement park operators stated 
that the number of accessible spaces (both wheelchair and transfer 
seats) was too high. Several amusement park operators cited safety 
concerns with respect to evacuation where more than one wheelchair user 
may be on a ride at one time. Others expressed concern about 
lengthening the load and unload time. Groups representing persons with 
disabilities were concerned that the number of wheelchair spaces and 
transfer seats in the proposed rule was too low. The Eastern Paralyzed 
Veterans Association (EPVA) wanted the number doubled from the proposed 
rule, potentially requiring two wheelchair spaces and two transfer 
seats per ride.
    Response. The final rule requires that each ride provide: (1) A 
wheelchair space, or (2) a ride seat designed for transfer, or (3) a 
device to facilitate the transfer of a person in a wheelchair from the 
load or unload area to a ride seat. This represents a decrease in the 
number of accessible spaces from the proposed rule and is no longer 
dependent on the number of seats per ride. Designers and operators have 
the choice of deciding which of the three types of access is 
appropriate for a given ride. Where a manufactured ride does not permit 
space for a wheelchair, for example, a ride seat designed for transfer 
or a transfer device may be provided to help an individual transfer 
into the ride seat.
    The Board is aware of amusement rides in certain parks that 
currently exceed this minimum and provide more than one wheelchair 
space on a given ride. In these cases, more persons with disabilities 
and their families are able to ride at the same time. Amusement park 
operators are encouraged to exceed the minimum with their new rides.

Section 15.1.4  Accessible Route

    This section requires that, when in the load and unload position, 
amusement rides with wheelchair spaces, or ride seats designed for 
transfer, or transfer devices, must be served by an accessible route 
complying with ADAAG 4.3. Any part of an accessible route serving 
amusement rides with a slope greater than 1:20 is considered a ramp and 
must comply with ADAAG 4.8. The accessible route is required only to 
the wheelchair space or transfer loading station, and not to all 
stations. This route can deviate from the main route in order to access 
the particular station designated.
    Three new exceptions to 15.1.4 are provided in the final rule. 
Exception 1 exempts ramps from the maximum slope specified in ADAAG 
4.8.2, where compliance with 4.8.2 is structurally or operationally 
infeasible, provided that the slope of the ramp may not exceed 1:8. 
Exception 2 exempts the requirements for handrails on the accessible 
route where compliance is structurally or operationally infeasible. 
Exception 3 permits that use of limited-use/limited-application 
elevators and platform lifts complying with ADAAG 4.11 to be part of an 
accessible route serving the load and unload area.
    Comment. The proposed rule required an accessible route to connect 
the portion of the load and unload area serving each accessible 
amusement ride and to provide a maneuvering space with a slope not 
greater than 1:48. Commenters questioned whether the 1:48 slope applied 
to the accessible route on the ride and the appropriateness of this 
requirement for those rides where a transfer seat was provided.
    Response. The requirements for an accessible route are maintained 
in the final rule, but are modified to clarify that at least one 
accessible route requirement applies when the ride is in the load and 
unload position. The requirement for a maneuvering space is moved to 
15.1.4, which addresses the load and unload areas. The provision also 
clarifies that where the running slope serving the amusement ride or 
transfer devices is greater than 1:20, the provisions of ADAAG 4.8 
apply.
    Comment. Operators expressed concerns with the requirements of 
ADAAG 4.8 with respect to the maximum slope (1:12) and the maximum rise 
(30 inches) for the accessible route. They described rides where space 
limitations will prohibit long ramps and where fundamental changes to 
amusement rides would be necessary to comply with ADAAG 4.8.2.
    Response. An exception is added in the final rule that exempts the 
accessible route serving accessible rides from the maximum slope 
specified in ADAAG 4.8.2, provided that the slope may not exceed 1:8. 
The exemption only applies where compliance with ADAAG 4.8.2 is 
``structurally or operationally'' infeasible. The exception for 
structural or operational limitations is limited to that portion of the 
accessible route connecting the load and unload areas with the 
amusement ride. There is no exception for other portions of the 
accessible route, such as the queue line leading to the load and unload 
areas.
    Comment. Ride operators and designers also stated that the 
requirement for handrails was not practical on the portion of the 
accessible route connecting the load and unload areas and the ride. 
They again cited space limitations especially where ramps are 
integrated into the ride and folded out of the way when the ride is in 
use.
    Response. An exception from the requirement for handrails is added 
in the final rule. Similar to exception 2, this exception is limited to 
circumstances where compliance with the handrail requirement is 
structurally or operationally infeasible.
    Comment. The proposed rule did not include a provision permitting 
the use of a limited-use/limited-application elevator or a platform 
lift as a part of the accessible route in providing access to load and 
unload areas. The American Institute of Architects (AIA) and others in 
the amusement industry recommended their use in connecting these areas, 
especially in connecting elevated load and unload areas and those that 
cross tracks.
    Response. An exception is provided in the final rule permitting the 
use of limited-use/limited-application elevators and platform lifts 
complying with ADAAG 4.11. The Board has included this option in the 
final rule to address some of the unique designs and elevated loading 
areas used within an amusement park. Where platform lifts are used, 
they must comply with ADAAG 4.11. Future revisions to ADAAG will 
include technical provisions for limited-use/limited-application 
elevators. At that time, appropriate provisions will be referenced for 
these elevators. Currently available design and safety standards should 
be applied in the interim.
    Comment. Some commenters questioned whether moving turnstiles and 
walkways can serve as part of an accessible route connecting amusement 
rides.
    Response. The Board has not specifically addressed moving 
turnstiles and walkways, since they are always capable of stopping or 
slowing to accommodate guests needing additional time. At this time 
there is not sufficient information to suggest a consistent safe speed 
for use for all persons with disabilities. Some individuals will be 
able to maneuver within the speed and time provided on the moving 
walkway or turnstile, while others will need additional time. Operators 
may need to

[[Page 56361]]

adjust the speed accordingly to reasonably accommodate guests with 
disabilities.

Section 15.1.5  Load and Unload Areas

    This section requires load and unload areas serving amusement rides 
required to comply with 15.1 to provide a maneuvering space complying 
with ADAAG 4.2.3. The maneuvering space must have a slope not steeper 
than 1:48. The maneuvering space is permitted to overlap the accessible 
route and the required clear floor spaces.
    No substantive comment was received and no changes have been made 
for the final rule.

Section 15.1.6  Signage

    This section requires signage to be provided at the entrance of the 
queue or waiting line for each amusement ride to identify the type of 
access provided (e.g., wheelchair access or transfer access). Where an 
accessible unload area also serves as the accessible load area, signage 
must be provided at the entrance to the queue or waiting line 
indicating the location of the accessible load and unload area. This is 
important to avoid unnecessary backtracking when patrons begin the 
process of waiting in line for a particular ride. No substantiative 
comments were received and no changes have been made to this provision 
in the final rule.

Section 15.1.7  Amusement Rides With Wheelchair Spaces

    This section contains technical provisions for amusement rides with 
wheelchair spaces.
    Comment. Several amusement ride designers and manufacturers raised 
concerns about technical provisions for wheelchair spaces on amusement 
rides. Most commenters believed that the space required was too large 
and boxy, and would significantly limit the number of amusement rides 
that could incorporate such a space. Some recommended that knee and toe 
clearances be incorporated into the space. In general, designers and 
operators requested more flexibility with wheelchair spaces on 
amusement rides.
    Response. The Board has significantly modified the requirements for 
wheelchair spaces on amusement rides. The final rule includes changes 
which address the commenters concerns, while still requiring a minimum 
space that would serve most mobility devices on an amusement ride. The 
Board recommends that where possible, designers and manufacturers 
exceed the minimum space. Providing additional space will greatly 
enhance the ease in loading and unloading and accommodate a greater 
variety of mobility devices.

Section 15.1.7.1  Floor and Ground Surface

    This section contains technical provisions for floor or ground 
surface of wheelchair spaces.
    Comment. The proposed rule required wheelchair spaces to comply 
with several provisions of ADAAG 4.5 (4.5.1, 4.5.3, 4.5.4). Commenters 
expressed some confusion over these references and sought 
clarification.
    Response. Rather than referencing ADAAG 4.5, the final rule 
incorporates these provisions into 15.1.7.1 for clarity. Other 
editorial changes are also made within this section.

Section 15.1.7.1.1  Slope

    This section requires the floor or ground surface of wheelchair 
spaces to have a maximum slope of 1:48 when in the load and unload 
position and to be firm and stable.
    Comment. Commenters questioned the appropriateness of requiring the 
clear space to be level when the amusement ride is in motion.
    Response. The section is modified to clarify that the maximum 1:48 
slope is only required when the amusement ride is in the load and 
unload position.

Section 15.1.7.1.2  Gaps

    This section requires floors of amusement rides with wheelchair 
spaces and floors of load and unload areas to be coordinated so that 
when the amusement rides are at rest in the load and unload position, 
the vertical difference between the floors must be within plus or minus 
\5/8\ inches and the horizontal gap should be no greater than 3 inches 
under normal passenger load conditions. An exception permits that where 
it is not operationally or structurally feasible to meet the horizontal 
or vertical difference requirements, ramps, bridge plates, or similar 
devices complying with the applicable requirements of 36 CFR 1192.83(c) 
(the Board's vehicle accessibility guidelines) must be provided.
    Comment. No substantive comment was received on this section. 
Several representatives from the amusement industry, however, 
recommended that the Board reference an ASTM Standard Practice for the 
Design and Manufacture of Amusement Rides and Devices where ramps, 
bridge plates, lifts, or similar devices are used.
    Response. The Board carefully examined the suggested ASTM Standard 
Practice and determined that it was designed as a safety standard 
rather than a standard that provides guidance on the minimum access 
requirements for ramps, bridge plates, lifts, and similar devices. 
Operators and manufacturers are not precluded from also following the 
standards in the ASTM Standard Practice for the operation of these 
elements. The applicable requirements of 36 CFR 1192.83(c) (ADA 
Accessibility Guidelines for Transportation Vehicles--Light Rail 
Vehicles and Systems--Mobility Aid Accessibility) are available on the 
Board's Web site at www.access-board.gov/transit/html/vguide.htm#LRVM.

Section 15.1.7.2  Clearances

    This section requires clearances for wheelchair spaces to comply 
with 15.1.7.2. Three new exceptions are added. Exception 1 permits 
securement devices, where provided, to overlap the required clearances 
of the wheelchair space. Exception 2 permits the wheelchair space to be 
mechanically or manually repositioned. Exception 3 permits departure 
from the requirements of ADAAG 4.4.2 (Head Room) for the wheelchair 
space.
    Comment. The proposed rule did not specifically address securement 
devices in wheelchair spaces. Commenters questioned whether securement 
devices could be located within the minimum clear space requirements 
for wheelchair spaces on amusement rides. They noted that while the 
proposed rule did not specifically address or require these devices, 
many operators have provided them where wheelchair spaces are provided 
on amusement rides.
    Response. The final rule adds an exception to 15.1.7.2 to permit 
securement devices to overlap required clearances for wheelchair spaces 
on amusement rides. However, the final rule does not require securement 
devices. The decision about whether securement devices are needed is 
left up to the designer or manufacturer. Where provided, these devices 
may overlap the required clearances for wheelchair spaces.
    Comment. As previously discussed, the Board received a significant 
number of comments from representatives in the amusement industry on 
the need for more flexibility. Several operators of large parks 
demonstrated ways that wheelchair spaces were provided on rides through 
the use of a turntable. This permits the space to be orientated for a 
forward approach and later turned to be in line with the direction of 
the motion of the amusement ride. Commenters did not consider 
repositioning to be an option under the proposed rule.

[[Page 56362]]

    Response. Exception 2 has been added to the final rule and permits 
the wheelchair space on an amusement ride to be either manually or 
mechanically repositioned.
    Comment. A few amusement park designers raised concern about the 
head clearance requirements of ADAAG 4.4 (Protruding Objects) for the 
wheelchair space located on an amusement ride. Amusement rides are 
often designed to move through confined spaces in order to enhance the 
amusement experience. Since most of these rides are designed for seated 
patrons, designers requested exemption from this requirement.
    Response. Exception 3 is added in the final rule and exempts 
wheelchair spaces on rides from ADAAG 4.4.2 (Head Room). This exception 
applies to circulation space and clear space requirements on the ride. 
It does not apply to circulation areas and accessible routes in the 
queue line or the load and unload areas.

Section 15.1.7.2.1  Width and Length

    This section requires wheelchair spaces to have a width of 30 
inches minimum and a length of 48 inches minimum measured 9 inches 
minimum above the ground or floor surface.
    Comment. The proposed rule required the wheelchair space to be a 
minimum of 36 inches in width. This width was based on the minimum 30 
inch width needed for a stationary wheelchair with the additional 6 
inches necessary for repositioning in confined spaces which allows 
space for the front casters of a wheelchair to turn and move when 
backing up. Designers expressed significant concern over the 36 minimum 
width and questioned why it was necessary where the space is reached in 
a forward direction. They further cited designs where the space is 
manually or mechanically repositioned and therefore should not require 
further maneuvering. Some commenters also suggested that the depth of 
the clear space could be 48 inches in all cases.
    Response. The minimum width of the wheelchair space is reduced to 
30 inches in the final rule. While the Board has decreased the minimum 
width, it recommends that designers and manufacturers exceed the 
minimum where possible to allow for increased maneuvering space.

Section 15.1.7.2.2  Wheelchair Spaces--Side Entry

    This section requires that where the wheelchair space can be 
entered only from the side, the ride must be designed to permit 
sufficient maneuvering space for individuals using a wheelchair or 
mobility device to enter and exit the ride.
    Comment. A few commenters questioned what the minimum space 
requirements would be for a ride entered from the side. They questioned 
whether a 32 inch side opening leading to a 30 inch wide by 48 inch 
long space would be sufficient.
    Response. Section 15.1.7.2.2 is added to address rides with side 
entries. A center opening of 32 inches combined with a minimum space of 
30 inches wide and 48 inches long is not adequate space for 
maneuvering. Designers must consider the position of the opening in 
relation to the minimum space. In some cases, additional clear space 
and larger openings will be necessary to allow for maneuvering a 
wheelchair on the ride. An appendix note is included to provide further 
guidance.

Section 15.1.7.2.3  Protrusions in Wheelchair Space

    This section permits protrusions in the wheelchair spaces on 
amusement rides. Objects are permitted to protrude a distance of 6 
inches maximum along the front of the wheelchair space where located 9 
inches minimum and 27 inches maximum above the wheelchair space. 
Objects are also permitted to protrude a distance of 25 inches maximum 
along the front of the wheelchair space where located more than 27 
inches above the wheelchair space.
    Comment. As previously noted, amusement ride designers and 
operators commented that the wheelchair space clearances in the 
proposed rule were too restrictive and did not permit knee and toe 
clearances. They suggested that the clearances could be reduced without 
compromising the minimum space requirements.
    Response. The final rule permits protrusions in the wheelchair 
space on amusement rides.

Section 15.1.7.3  Openings

    This section requires that where openings are provided to access 
wheelchair spaces on amusement rides, the entry must provide a 32 inch 
minimum clear opening.
    Comment. The proposed rule did not specify a minimum opening space 
where wheelchair spaces are provided on amusement rides. Commenters 
requested guidance on this dimension.
    Response. A provision is added in the final rule to address the 
minimum width of openings where wheelchair spaces are provided on an 
amusement ride. This is consistent with minimum width requirements for 
doors and other passageways that are part of an accessible route.

Section 15.1.7.4  Approach

    This section requires one side of the wheelchair space to adjoin an 
accessible route.
    No substantive comment was received on this provision.

Section 15.1.7.5  Companion Seats

    This section requires that where the interior of an amusement ride 
is greater than 53 inches in width, seating is provided for more than 
one rider, and the wheelchair is not required to be centered within the 
amusement ride, a companion seat must be provided for each wheelchair 
space.
    Comment. The proposed rule required companion seating where seating 
for more than one rider is provided. Ride manufacturers commented that 
providing companion seating may not be possible on rides where the 
center of gravity is critical to its operation. They noted that 
providing space for an individual seated in a wheelchair and a seated 
companion may increase and change the weight distribution on a ride. 
They supported a provision with limits that are linked to the minimum 
width of the ride, whether or not seating is provided for more than one 
rider, and whether the wheelchair space is centered on the ride.
    Response. This section is modified in the final rule to address the 
concerns raised. Consistent with the proposed rule, companion seating 
is required only where seating is provided for more than one rider. 
Additionally, companion seating is required only where the interior of 
an amusement ride is greater than 53 inches in width and the wheelchair 
is not required to be centered within the amusement ride.

Section 15.1.7.5.1  Shoulder-to-Shoulder Seating

    This section requires that where an amusement ride provides 
shoulder-to-shoulder seating, companion seats must be shoulder-to-
shoulder with the adjacent wheelchair space.
    Comment. Commenters suggested that in some circumstances, shoulder-
to-shoulder seating may not be possible. They cited examples of water 
rides where the rider's center of gravity is critical. Adding two 
riders side by side can alter the balance of the ride.
    Response. An exception is added in the final rule that shoulder-to-
shoulder companion seating is required only to the maximum extent 
feasible, where compliance is not operationally or structurally 
feasible.

[[Page 56363]]

Section 15.1.8  Amusement Ride Seats Designed for Transfer

    This section requires that amusement rides with ride seats designed 
for transfer must comply with 15.1.8 when positioned for loading and 
unloading.
    Comment. Significant comment was received on the technical 
provisions addressing transfer seats. Some interpreted the proposed 
rule to require a ``special seat'' in addition to other ride seats. 
Others believed that the technical provisions did not provide 
sufficient flexibility, especially given the diversity of rides and 
ride seats.
    Response. The final rule requires that each ride provide: (1) A 
wheelchair space, or (2) an amusement ride seat designed for transfer, 
or (3) a system to facilitate the transfer of a person in a wheelchair 
from the load or unload area to a ride seat. Where ride seats are 
designed for transfer, this section applies. For the most part, the 
technical provisions for space and other features are applied to both 
the ride seat and the transfer device since both elements are designed 
for an individual to transfer from their wheelchair or mobility device 
to an element. A ride seat designed for transfer is usually a seat that 
is a permanent part of the ride itself.

Section 15.1.8.1  Clear Floor Space

    This section requires clear floor space complying with ADAAG 4.2.4 
to be provided in the load and unload area adjacent to amusement ride 
seats designed for transfer.
    Comment. The proposed rule required the clear floor space to comply 
with ADAAG 4.2.4 and be positioned with the longer dimension parallel 
to the unobstructed side of the transfer seat. The space was also 
required to be located within 3 inches maximum of the transfer seat. 
Commenters supported the basic clear floor space requirement of 30 
inches by 48 inches. Several commenters however, believed that the 
requirements for the orientation of the clear space were too stringent 
for two reasons. First, the orientation required in the proposed rule 
was potentially limited to a side transfer. Many individuals choose to 
transfer using a diagonal or front approach. Second, they were 
concerned about the variety of amusement rides and load and unload 
areas. They recommended that the orientation of the clear space with 
respect to its location to the ride seat be left up to the designer.
    Response. The final rule requires a 30 inch wide by 48 inch deep 
clear space to be adjacent to the ride seat designed for transfer. The 
position of the clear space is not specified in the final rule. 
Designers will decide its location based on what is best suited for 
transfer on a particular ride.

Section 15.1.8.2  Transfer Height

    This section requires the height of ride transfer seats to be 
located 14 inches minimum to 24 inches maximum measured above the load 
and unload surface.
    Comment. The proposed rule required the transfer seat to be between 
17 and 19 inches based on other elements within ADAAG where individuals 
using wheelchairs and other mobility devices are expected to transfer. 
Commenters requested the range to be greater.
    Response. The final rule provides a greater range in the height of 
the ride seat designed for transfer. Providing a greater range in this 
height should reduce reliance on transfer devices and have the effect 
of decreasing the number of transfers to get from one's wheelchair or 
mobility device to a ride seat. The Board recognizes that amusement 
rides have unique designs. The increase in the transfer height range is 
limited to amusement rides because of their unique designs. The goal is 
to provide designs that afford the least amount of transfers for the 
least amount of distance. The Board recognizes that providing a greater 
range in the transfer height may make transfers more difficult for some 
people with disabilities. Based on this concern, and the fact that the 
transfer height for amusement rides is new, the Board will closely 
monitor how well the range provides access to amusement rides. Where 
possible, designers are encouraged to locate the transfer seat between 
17 inches and 19 inches above the load and unload surface.

Section 15.1.8.3  Transfer Entry

    This section requires that where openings are provided to transfer 
to amusement ride seats, the space must be designed to provide 
clearance for transfer from a wheelchair or other mobility device to 
the amusement ride seat.
    Comment. The proposed rule required the transfer entry on the 
amusement ride to be a minimum of 36 inches wide. The entry was also 
required to be positioned parallel and adjacent to the longer dimension 
of the clear floor space. Amusement ride designers and manufacturers 
commented that the 36 inch width was excessive and believed that few 
rides, if any, could comply with this dimension. They further explained 
that openings are generally kept to a minimum since the sides of the 
ride often serve as a part of the restraint or securement system for 
the ride.
    Response. Due to the large variance of amusement rides and the 
potential interference with the securement system, the final rule 
requires a space to be designed to provide clearance for transfer from 
a wheelchair or mobility device to the amusement ride seat. Specific 
dimensions for the opening are not provided in the final rule.

Section 15.1.8.4  Wheelchair Storage Space

    This section requires wheelchair storage spaces complying with 
ADAAG 4.2.4 to be provided in or adjacent to unload areas for each 
required amusement ride seat designed for transfer. The space must not 
overlap any required means of egress or accessible route.
    Comment. Some commenters interpreted the provision to require some 
type of constructed storage space.
    Response. Clear space is needed in the load and unload areas for 
individuals to leave their wheelchairs when they transfer onto 
amusement rides. ADAAG 4.2.4 specifies a minimum 30 inch by 48 inch 
space for a stationary wheelchair. For safety reasons, the space must 
not overlap any required means of egress or accessible route. This 
provision does not require a constructed element for storage, only a 
space. Most current designs used for load and unload areas will include 
sufficient space to comply with this provision.

Section 15.1.9  Transfer Devices for Use With Amusement Rides

    This section requires that transfer devices for use with amusement 
rides must comply with 15.1.9 when positioned for loading and 
unloading.
    Comment. As previously discussed, significant comment was received 
on the technical provisions addressing transfer seats. Some interpreted 
the proposed rule to require a ``special seat'' in addition to other 
ride seats. Others believed that the technical provisions did not 
provide sufficient flexibility, especially given the diversity of rides 
and ride seats.
    Response. The final rule requires that each ride provide: (1) A 
wheelchair space, or (2) an amusement ride seat designed for transfer, 
or (3) a system to facilitate transfer of a person in a wheelchair from 
the load or unload area to a ride seat. This section applies where 
transfer devices are used to provide access to an amusement ride seat. 
A transfer device can be provided as an integral part of the ride, or 
as a permanent or temporary part of the facility. Significant 
flexibility is provided for ride designers or park

[[Page 56364]]

operators to develop these transfer devices. Transfer devices may 
include lifts, ramps, transfer platforms and steps, or other similar 
systems and do not require modification to manufactured rides. 
Information is provided in the appendix to assist operators in 
selecting from different types of transfer devices.

Section 15.1.9.1  Clear Floor Space

    This section requires clear floor space complying with ADAAG 4.2.4 
to be provided in the load and unload area adjacent to transfer 
devices.
    Consistent with the clear space requirement for ride seats designed 
for transfer, the position of the clear space adjacent to the transfer 
devices is not specified in the final rule. Designers will decide its 
location based on what is best suited for transfer on a particular 
transfer device.

Section 15.1.9.2  Transfer Height

    This section requires the height of transfer device seats to be 
located 14 inches minimum to 24 inches maximum measured above the load 
and unload surface.
    The Board has applied the same range established for amusement ride 
seats designed for transfer to transfer devices. As previously stated, 
the goal is to provide designs that afford the least amount of 
transfers for the least amount of distance.
    Where possible, designers are encouraged to locate the transfer 
device between 17 inches and 19 inches above the load and unload 
surface. Further guidance related to maximum heights for vertical 
movements when transferring within a transfer device is provided in the 
appendix.

Section 15.1.9.3  Wheelchair Storage Space

    This section requires wheelchair storage spaces complying with 
ADAAG 4.2.4 to be provided in or adjacent to unload areas for each 
required transfer device and must not overlap any required means of 
egress or accessible route.
    Comment. Some commenters interpreted the provision to require some 
type of constructed storage space.
    Response. Clear space is needed in the load and unload areas for 
individuals to leave their wheelchairs when they transfer onto transfer 
devices. ADAAG 4.2.4 specifies a minimum 30 inch by 48 inch space for a 
stationary wheelchair. For safety reasons, the space must not overlap 
any required means of egress or accessible route. This provision does 
not require a constructed element for storage, only a space. Most 
current designs used for load and unload areas will include sufficient 
space to comply with this provision.

Other Issues

Accessible Routes in Temporary Places of Amusement

    Comment. The proposed rule requested comment on providing 
accessible routes on sites used for fairs, carnivals, and other 
temporary places of amusement. Usually a site such as a field or 
parking lot may be used for a short period of time for temporary places 
of amusement.
    Response. The Board received few comments on this issue. The final 
rule does not include any provisions for accessible routes in temporary 
places of amusement. The Department of Justice has the authority to 
address this issue. Given the diversity of sites and complexity of 
agreements involved when using sites on a temporary basis, one set of 
guidelines is not practical. State and local government entities 
covered by title II may not, in determining the site or location of a 
facility, make selections that have the effect of excluding individuals 
with disabilities (28 CFR 35.130(b)(4)). Where a site is altered by 
installing some type of surface, that surface must be stable, firm, and 
slip resistant and meet other requirements in ADAAG 4.3 for the 
accessible route. Temporary structures are covered by ADAAG 4.1.1(4) 
and are required to comply with ADAAG. As with other alterations, 
``technical infeasibility'' permits departure from technical provisions 
where existing physical or site constraints prohibit modification or 
addition of elements, spaces, or features.

Section 15.2  Boating Facilities

Section 3.5  Definitions

    This section defines five terms for boating facilities.
    A ``boat launch ramp'' is a sloped surface designed for launching 
and retrieving trailered boats and other water craft to and from a body 
of water.
    A ``boat slip'' is that portion of a pier, main pier, finger pier, 
or float where a boat is moored for the purpose of berthing, embarking, 
or disembarking.
    A ``boarding pier'' is a portion of a pier where a boat is 
temporarily secured for purposes of embarking and disembarking.
    A ``gangway'' is a variable-sloped pedestrian walkway linking a 
fixed structure or land with a floating structure. This definition does 
not apply to gangways which connect to vessels.
    A ``transition plate'' is a sloping pedestrian walking surface 
located at the end(s) of a gangway.
    Comment. The proposed rule included definitions for boat launch 
ramp, boat slip, design high point, and gangway. Commenters recommended 
rewording these definitions. Commenters also recommended that 
additional definitions be added, such as handrail, landings, pier, main 
pier, finger pier, boarding pier, fixed and floating piers, mooring 
space, transient slips, and transition plate.
    Response. The final rule provides five definitions. Definitions for 
boat launch ramp, boat slip, and gangway, have been retained but have 
been changed to improve clarity. Definitions for boarding pier and 
transition plate have been added, and the definition for design high 
point has been removed. Additional terms suggested by commenters were 
not added since they were not used in the technical or scoping 
provisions of the boating section.

Section 15.2.1  General

    This section requires newly designed or newly constructed and 
altered boating facilities to comply with 15.2.
    Comment. Some commenters did not want the rule to apply to each 
boating facility. They noted that designers and facility managers 
needed flexibility to provide reasonable accommodations in an 
environment which may contain extreme physical conditions. Several 
commenters requested that where two of more boating facilities are 
located within 10 miles of each other, only one facility should be 
accessible. Other commenters assumed that all existing facilities would 
have to immediately conform to the final rule.
    Response. These guidelines apply to each newly designed or newly 
constructed boating facilities. Altered facilities must conform to the 
guidelines to the degree required by ADAAG 4.1.6. Where an existing 
facility is not being altered, the guidelines do not require that 
alterations be performed.
    Comment. Commenters requested clarification on the term 
``recreational boating facility.''
    Response. This section primarily applies to piers and docks 
typically found at marinas where recreational boats are moored for 
embarking and disembarking occupants, but will apply in other non-
marina settings. Where a vessel is primarily used for recreation, 
generally piers and docks designed and constructed to provide mooring 
and other services for such vessels would be covered by this section. 
Recreational boats range in size from small canoes to

[[Page 56365]]

large sailboats and power boats. The final rule is not intended to 
cover piers used solely by ferries or other commercial vessels, such as 
freighters, ocean supply vessels, and commercial fishing vessels.
    Boating facilities covered by this final rule vary in size. Some 
contain as few as one boat slip (for example, a small campground with a 
short non-demarcated pier) and others are large enough to contain 
several thousand boat slips (for example, a large marina with many boat 
basins). Some have piers and boat launch ramps, while others only have 
piers. A boating facility may only contain a single launch ramp with no 
boarding pier or may contain multiple launch ramps with multiple 
boarding piers. In some cases, a site (such as a State park with a 
large lake) may contain more than one boating facility. In other cases, 
several boating facilities may be located in the same waterfront area, 
each operated by different operators.

Section 15.2.2  Accessible Route

    This section requires that accessible routes, including gangways 
that are part of an accessible route, comply with ADAAG 4.3. ADAAG 
4.1.2(2) requires that at least one accessible route connect accessible 
buildings, facilities, elements, and spaces on the same site. 
Therefore, an accessible route must connect accessible boat slips with 
other accessible elements on the same site. Eight exceptions, discussed 
below, have been added which modify the accessible route requirements 
as they relate to connecting floating piers.
    No exceptions have been provided for accessing fixed piers. 
Therefore, accessible routes serving fixed piers must meet all the 
requirements of ADAAG 4.3.

Exception 1  Alterations to Existing Gangways

    Exception 1 permits the replacement and alteration of existing 
gangways or series of gangways without triggering an increase in the 
length of the gangways, unless required by ADAAG 4.1.6(2).
    Comment. Commenters noted that for maintenance or safety reasons, 
gangways are sometimes replaced or altered without any other changes 
being made to the floating piers and land based features located at the 
ends of the gangways. Under ADAAG's requirements for alterations, a 
replaced gangway would have to meet the requirements of section 15.2.2. 
The primary difficulty typically involves meeting slope requirements, 
rather then meeting handrail and transition plate requirements. In many 
cases, compliance with section 15.2.2 would require longer gangways to 
be installed. To install a longer gangway, changes to adjacent 
structures may be needed and such changes could also lead to reductions 
in the number of boat slips available. Available water sheet may also 
prevent lengthening of the gangways in an existing boating facility.
    Response. The final rule includes an exception that does not 
require an increase in the length of the gangway, where gangways are 
replaced or altered. However, under ADAAG 4.1.6(2), alterations to 
areas containing primary functions may require existing gangways and 
adjacent structures to be brought into conformance with section 15.2.2. 
ADAAG 4.1.6(2) provides that, when an area containing a primary 
function is altered, an accessible path of travel must be provided to 
the altered area unless the cost and scope of the alterations to 
provide an accessible path of travel is disproportionate to the overall 
alterations as determined under criteria established by the Department 
of Justice. The Department of Justice regulations for title III of the 
ADA deem alterations to provide an accessible path of travel to be 
disproportionate when the cost exceeds 20 percent of the cost of the 
overall alterations.\6\
---------------------------------------------------------------------------

    \6\ See 28 CFR 36.403(f)(1) (http://www.usdoj.gov/crt/ada/reg3a.html).
---------------------------------------------------------------------------

Exceptions 2 and 3  Maximum Gangway Rise and Slope

    Exception 2 permits gangways or series of gangways to exceed the 
maximum rise specified in ADAAG 4.8.2. Exception 3 permits gangways to 
exceed the maximum slope specified in ADAAG 4.8.2, where the total 
length of the gangways serving as part of a required accessible route 
is at least 80 feet.
    Comment. One of the most difficult issues relating to accessibility 
in floating boating facilities is gangway slopes. The proposed rule 
permitted gangway slopes to exceed a maximum slope of 1:12 at such 
times as when the distance between the design high point and water 
level exceeded a specific value depending on the size of the pier. In 
addition, the proposed rule exempted gangways from the maximum rise in 
ADAAG 4.8.2.
    Over 60 organizations and individuals responded to the above 
proposals. Most indicated that they did not support the provisions. The 
comments raised concerns about how to calculate the pier square footage 
and what was considered a ``pier.'' Some asked whether levees, 
boardwalks, or retaining walls are fixed piers and how to measure the 
square footage. Others asked about private operators using floating 
piers and leasing space at a city pier. They questioned whether the 
square footage of the city pier is included in the calculations for 
determining access to the privately owned floating pier. One commenter 
noted that facility size determinations based on square footage may 
tend to drive entities to reduce pier widths which could compromise 
safety and stability.
    A few commenters questioned how the design high point was selected. 
They questioned whether this point was the 100 year flood line, mean 
high tide, extreme high tide, ordinary high water, or high pool water 
line. One commenter noted that what is a safe and practical upper limit 
is not constant and easily determined.
    Some commenters were concerned that facilities located where water 
level fluctuations are over 40 feet, would end up with no access or 
only limited access. A number of commenters suggested that a maximum 
gangway slope be established for most conditions, if not all 
conditions. Recommended slope maximums ranged from 5 percent to 15 
percent.
    At least 10 commenters noted that the requirements should ideally 
be site specific because of the varying logistical problems and 
differing geographic conditions at locations where water level 
fluctuations range from a few inches to over 100 feet. These commenters 
said that the table in the proposed rule would create hardships for 
existing facilities where space limitations are present, by requiring 
reductions in boat slip counts and by discouraging operators from 
upgrading their facilities. A number of commenters recommended that 
accessible gangways only be required where they serve 100 or more boat 
slips.
    Using recommendations made by a number of commenters and combined 
with an effort to reduce the complexity of the final rule, the Board 
published a summary of a draft final rule for comment. In this draft, 
the Board indicated that the slope of a gangway would be permitted to 
exceed the maximum slope of 1:12 where the linear feet of mooring space 
along the perimeter of the piers at a facility was less than 1,000 feet 
(approximately 20-30 slips) and the water fluctuation was more than one 
foot. The provision, which was a general exception from the maximum 
slope requirement, was intended to provide regulatory relief for 
smaller boating facilities where an extensive gangway system may be 
cost prohibitive. Linear feet of mooring space was used instead of the 
square footage

[[Page 56366]]

of a facility to more effectively measure the size of usable space 
where boats can dock rather than other spaces at a boating facility.
    The draft final rule also required that where the linear feet of 
mooring spaces along the perimeter of the piers at a facility was less 
than 3,000 feet (approximately 50-70 slips) and the water fluctuation 
was more than 5 feet, the maximum gangway slope would be permitted to 
be 1:8 maximum. This exception allowed for a steeper slope than 
generally provided in ADAAG.
    Lastly, the draft final rule stated that where the water 
fluctuation was more than 10 feet, gangways would be permitted to 
exceed the maximum slope of 1:12. Providing complying gangway slopes 
where the water fluctuation exceeds 10 feet requires extensive gangway 
systems and supporting facilities. It was noted in the draft final rule 
that although the gangway slope was permitted to be any slope, the 
gangway was not allowed to consist of stairs, since stairs are not 
permitted to be part of an accessible route.
    During two public information meetings and from written comment 
received on the summary of the draft final rule, commenters generally 
supported simplifying the rule. Some expressed concerns about allowing 
a 1:8 slope on gangways, and others objected to using linear feet to 
determine the size of smaller facilities. A few commenters noted that 
the maximum feasible length of a gangway is between 60 and 70 feet. 
These commenters indicated that providing longer gangways, or providing 
two or more shorter gangways as part of a gangway and ramp system, 
dramatically increased the costs, complexity, and maintenance of the 
structure. Some commenters pointed out that because gangways often 
depart from a landside connection which is positioned at least 3 to 4 
feet above high water, a 120-foot gangway provided to handle a 10-foot 
water level change actually needs to be at least 156 to 168 feet long 
(or a series of gangways and ramps with the same aggregate length).
    Response. It is recognized that many factors which vary throughout 
the country add to the complications of providing larger gangway and 
ramp systems to handle greater changes in water fluctuation and 
elevation. Factors include water level changes, distance of gangway 
departure points above high water marks, available water sheet to 
construct within, location of shipping channels into which piers and 
gangways cannot project, wind load on floating structures as they get 
bigger, types of mooring systems, dead and live loads of gangways and 
the size of floating facilities to support them, currents, boat wakes, 
and the ability to remove floating structures when bodies of water 
freeze over. In the proposed rule, the Board attempted to define the 
level of access based on the size of a facility (i.e., pier square 
footage). Comments noted that many other factors besides facility size, 
play a role in determining what is feasible. Because factors vary 
throughout the country and could vary between adjacent sites and 
adjacent facilities, selecting one factor or a list of factors to 
measure for determining appropriate gangway slope is not feasible.
    In an effort to provide a simplified rule and establish a starting 
point for determining gangway access, the final rule focuses on a 
maximum feasible gangway length. In response to the draft final rule, a 
recommendation was developed by the California Department of Boating 
and Waterways, Oregon State Marine Board, Clean Harbor Action, and 
Revitalize Our Waterways (and supported by over 20 other commenters). 
This recommendation showed that it would be feasible in new 
construction to provide up to 80-foot gangways. From this comment 
(which also contained recommendations for different gangway slopes for 
varying changes in elevation), the Board developed the final rule which 
is based only on gangway length. Exception 3 requires that an entity 
either (1) provide a gangway (or series of gangways) at least 80 feet 
in total length, or (2) provide a gangway (or series of gangways) which 
does not exceed a maximum slope of 1:12. The final rule also retains 
the exception permitting gangways to be any length without a landing. 
As these exceptions only apply to gangways, ramps constructed on 
floating piers and ramps providing access to landside connections of 
gangways are not permitted to use these exceptions. Since the final 
rule does not use water level change as a mechanism for determining 
gangway accessibility, the definition for design high point was 
removed. The appendix includes the following two examples.

    Example 1. Boat slips which are required to be accessible are 
provided at a floating pier. The vertical distance an accessible 
route must travel to the pier when the water is at its lowest level 
is 6 feet, although the water level only fluctuates 3 feet. To 
comply with exceptions 2 and 3, at least one design solution would 
provide a gangway at least 72.25 feet long which ensures the slope 
does not exceed 1:12.
    Example 2. A gangway is provided to a floating pier which is 
required to be on an accessible route. The vertical distance is 10 
feet between the elevation where the gangway departs the landside 
connection and the elevation of the pier surface at the lowest water 
level. Exceptions 2 and 3, which modify 4.8.2, permit the gangway to 
be at least 80 feet long. Another design solution would be to have 
two 40-foot continuous gangways joined together at a float, where 
the float (as the water level falls) will stop dropping at an 
elevation five feet below the landside connection.

    Comment. A number of commenters expressed concern that steeper 
gangway slopes and the absence of level landings every 30 feet created 
barriers for persons with disabilities. Some commenters also noted that 
State and local governments should be held to a higher standard than 
private entities.
    Response. As water levels rise and fall, gangway slopes also rise 
and fall. In some areas, there will be times that a gangway slope is 
less than 1:20 and at other times it will be greater than 1:12. The 
Board has attempted to balance the needs of persons with disabilities 
with the cost of providing access in an environment that can vary 
dramatically throughout the country. The Board also decided against 
providing different requirements for boating facilities operated by 
State and local government or private entities. As this is the first 
time Federal accessibility guidelines have been developed to address 
these types of facilities, the Board plans to closely monitor how well 
the guidelines provide access and what new technologies are developed 
to provide equivalent or better access.
    Comment. A few commenters representing passenger vessel owners were 
concerned that the gangway provisions would also apply to gangways 
serving passenger vessels.
    Response. The gangway provisions of this rulemaking only apply to 
gangways which access floating piers from the land or fixed structures. 
The Board is working on a separate rulemaking which will address 
passenger vessel access. A statement has been added to the gangway 
definition indicating that the definition does not apply to gangways 
which connect to vessels.

Exception 4  Small Boating Facilities With Less Than 25 Boat Slips

    Exception 4 permits gangways to exceed the maximum slope specified 
in ADAAG 4.8.2, where a facility contains less than 25 boat slips and 
where the total length of the gangway, or series of gangways, serving 
as part of a required accessible route is at least 30 feet.
    Comment. Commenters were concerned about how the gangway 
requirements would impact smaller facilities.
    Response. The proposed rule and the draft final rule lessened the 
impact on

[[Page 56367]]

smaller boating facilities based on pier square footage or linear feet. 
Most commenters recommended using number of boat slips. Since the final 
rule does not address piers used by transportation vessels covered by 
ADAAG 10.5, which are more likely to contain a limited number of very 
large slips, basing the exception on boat slip numbers is appropriate.

Exception 5  Transition Plates

    Exception 5 permits transition plates to be located at the ends of 
gangways instead of the landings specified by ADAAG 4.8.4.
    Comment. The proposed rule permitted gangways to have transition 
plates at the top and bottom. Comments ranged from noting the need for 
a definition, setting out maximum lengths and slopes, and having them 
meet gangway requirements.
    Response. In the final rule, a definition for transition plate has 
been added to ADAAG 3.5. Where transition plates are part of an 
accessible route, the transition plates must comply with ADAAG 4.3, 
unless one of the exceptions in 15.2.2 applies. For example, ADAAG 
4.3.7 and 4.8.2 would prohibit transition plates from having a slope 
greater than 1:12. Where the requirements of ADAAG 4.8 apply (because 
the slope is greater than 1:20), the transition plates must have 
landings complying with ADAAG 4.8.4 at the non-gangway end.

Exception 6  Handrail Extensions

    Exception 6 does not require handrail extensions, where gangways 
and transition plates connect and both are required to have handrails. 
In addition, the exception provides that where handrail extensions are 
provided on gangways or transition plates, the extensions are not 
required to be parallel with the ground or floor surface.
    Comment. The proposed rule did not require handrail extensions on 
gangways or landings where they connect to transition plates and did 
not require handrail extensions at transitions plates. Although some 
commenters supported the exception, others noted that handrail 
extensions were needed, particularly on gangways when the transition 
plate had no handrail. Commenters also noted the difficulty in 
complying with ADAAG 4.8.5, which requires handrail extensions to be 
parallel with the ground or floor surface. As gangway slopes change, 
handrails extensions at the end of gangways and transition plates are 
no longer parallel. Other commenters requested that transition plates 
always have handrails and questioned whether gangway handrails had to 
be connected or continuous with landing handrails.
    Response. The exception has been rewritten to address most of the 
concerns raised. The determination of whether a transition plate is 
required to have a handrail will be triggered by the requirements of 
ADAAG 4.3.7 and 4.8.5. Regarding connections to landing handrails, 
gangways required to comply with ADAAG 4.8.5 are required to have 
continuous handrails on both sides. When gangway handrail extensions 
are required, subject to exception 5 exclusions, the extensions would 
overhang landings and transition plates 12 inches minimum. ADAAG 
contains no requirement that these extensions connect handrails which 
might be provided on landings or guardrails which also may be provided.

Exception 7  Cross Slope

    Exception 7 permits the cross slope of gangways, transition plates, 
and floating piers that are part of an accessible route to be 2 percent 
maximum measured in the static position.
    Comment. Commenters representing State recreational boating 
agencies expressed concern about constructing floating piers and 
gangways which must conform to a 2 percent maximum cross slope 100 
percent of the time in all weather and water conditions.
    Response. Exception 7 was added to address this concern by 
specifying that the maximum cross slope is measured in the static 
condition. Gangways and piers which are part of an accessible route are 
expected to be designed and constructed to meet the 2 percent maximum 
cross slope. Once they are placed in the water, measurements absent 
live loads are to be made from a static condition without motion or 
wave action. Where floating piers are grounded out due to low water 
conditions, the slope requirements would not apply to such floating 
piers and associated gangways and transition plates.

Exception 8  Limited-Use/Limited-Application Elevators and Platform 
Lifts

    Exception 8 permits limited-use/limited-application elevators or 
platform lifts complying with ADAAG 4.11 to be used in lieu of gangways 
complying with ADAAG 4.3.
    Comment. One commenter pointed out that other methods, such as 
platform lifts and elevators should be used to provide access to a 
floating pier. Another commenter noted that a product, similar to a 
platform lift, had been developed for accessing floating piers. They 
believed that the final rule should encourage technological 
developments in this area.
    Response. ADAAG 4.3 and 15.2 allow accessible routes to consist of 
elevators, ramps, and (when accessing floating piers) gangways. 
However, under ADAAG 4.1.3(5), Exception 4, the use of a platform lift 
to access a pier (floating or fixed) would be prohibited in new 
construction. In alterations to existing facilities, this restriction 
does not apply. (See ADAAG 4.1.6(3)(g) regarding platform lift usage in 
alterations.) Exception 8 was added to allow more flexibility in 
providing access to floating piers and to encourage the development of 
other methods of access using mechanical means. This exception modifies 
the requirements of ADAAG 4.1.3(5) and allows the use of platform lifts 
and limited-use/limited-application elevators in new construction as 
part of an accessible route connecting floating piers.

Section 15.2.3  Boat Slips: Minimum Number

    This section requires that where boat slips are provided, 
accessible boat slips complying with section 15.2.5 must be provided in 
accordance with Table 15.2.3. Boarding piers at boat launch ramps are 
not counted for this purpose. Where the number of boat slips is not 
identified, each 40 feet of boat slip edge provided along the perimeter 
of the pier shall be counted as one boat slip for purposes of this 
section.
    Comment. The proposed rule required that where boat slips are 
provided, at least 3 percent of all boat slips, but not less than one 
boat slip, be accessible. Comments varied between supporting a range 
from 1 percent to 4 percent. Some comments recommended that the number 
of accessible boat slips be the same as the number of required 
accessible vehicle parking spaces. One commenter recommended that one 
of each type of slip be accessible. A facility operator noted that at 
large facilities, a 3 percent scoping provision would require more 
accessible boat slips than a similar number of vehicle parking spaces. 
Several commenters questioned whether the need for accessible slips was 
as high as the need for accessible parking.
    Response. The Board is not convinced that the scoping for 
accessible boat slips needs to be the same as the scoping for 
accessible vehicle parking spaces and is concerned that the proposed 3 
percent would require more accessible slips in larger facilities than a 
similar number of parking spaces. The final rule modifies the scoping 
by reducing the percentage of accessible boat slips in larger 
facilities. A table is added to the final

[[Page 56368]]

rule to show the required number of accessible boat slips. The table 
starts with 3 percent and reduces down to 1 percent as the number of 
boat slips increase. For example, a 100-slip marina would need 3 
accessible slips, and a 1,450-slip marina would need 17 accessible 
slips. Since this is the first time Federal guidelines have addressed 
the minimum number of accessible boat slips, the Board plans to closely 
monitor how the numbers meet the needs of individuals with 
disabilities.
    Comment. The proposed rule also required that where the number of 
slips cannot be identified, each 40 feet of mooring space provided 
along the perimeter of a pier be counted as one boat slip for the 
purpose of applying this section. Most commenters supported the 
requirement. A few commenters noted that most recreational boats are 
less than 40 feet in length and recommended a number less than 40 feet.
    Response. Although most recreational boats are less than 40 feet, 
the final rule seeks to increase the likelihood that accessible slips 
at non-demarcated piers are long enough to accommodate most types of 
common recreational boats. For this reason, the final rule has retained 
using 40 feet as the distance for determining the number of slips at 
piers where slips are not demarcated. (See section 15.2.4.1 regarding 
lengths of boarding piers at launch ramps.) The following two examples 
are included in the appendix.

    Example 1. A site contains a new boating facility which consists 
of a single 60-foot pier. Boats are only moored parallel with the 
pier on both sides to allow occupants to embark or disembark. Since 
the number of slips cannot be identified, section 15.2.3 requires 
each 40 feet of boat slip edge to be counted as one slip for 
purposes of determining the number of slips available and determines 
the number required to be accessible. The 120 feet of boat slip edge 
at the pier would equate with 3 boat slips.
    Table 15.2.3 would require 1 slip to be accessible and comply 
with 15.2.5. Section 15.2.5 (excluding the exceptions within the 
section) requires a clear pier space 60 inches wide minimum 
extending the length of the slip. In this example, because the pier 
is at least 40 feet long, the accessible slip must contain a clear 
pier space at least 40 feet long which has a minimum width of 60 
inches.
    Example 2. A new boating facility consisting of a single pier 25 
feet long and 3 feet wide is being planned for a site. The design 
intends to allow boats to moor and occupants to embark and disembark 
on both sides, and at one end. As the number of boat slips cannot be 
identified, applying section 15.2.3 would translate to 53 feet of 
boat slip edge at the pier. This equates with two slips. Table 
15.2.5 would require 1 slip to be accessible. To comply with 15.2.5 
(excluding the exceptions within the section), the width of the pier 
must be increased to 60 inches. Neither (15.2.3 nor 15.2.5) requires 
the pier length to be increased to 40 feet.

    Comment. The proposed rule counted boat launch ramp boarding piers 
as boat slips for determining the number of accessible slips required 
at a facility. The proposed rule also required at least one additional 
accessible boat slip to be provided adjacent to accessible launch 
ramps, where boarding piers were provided. Some commenters thought that 
this requirement would cause confusion. A few commenters questioned 
whether boat slips should be provided on boarding piers because boat 
slips are rented, leased or purchased, but boarding piers are used in a 
short-term manner. A number of commenters believed the provision 
required that launch ramps must have boarding piers.
    Response. To avoid confusion, the final rule addresses scoping 
requirements for launch ramp boarding piers separately from boat slips. 
A definition has been added to ADAAG 3.5 for boarding piers.
    Comment. Many commenters expressed concern that accessible slips 
had to be reserved only for persons with disabilities similar to how 
vehicle parking spaces are reserved.
    Response. Accessible boat slips are not ``reserved'' for persons 
with disabilities in the same manner as accessible vehicle parking 
spaces. Rather, accessible boat slip use is comparable to accessible 
hotel rooms. The Department of Justice is responsible for addressing 
operational issues relating to the use of accessible facilities and 
elements. The Department of Justice currently advises that hotels 
should hold accessible rooms for persons with disabilities until all 
other rooms are filled. At that point, accessible rooms can be open for 
general use on a first come, first serve basis. This information has 
also been included in the appendix.

Section 15.2.3.1  Dispersion

    This section requires that accessible boat slips be dispersed 
throughout the various types provided. It does not require an increase 
in the minimum number of boat slips required to be accessible.
    Comment. Commenters expressed concern about how many accessible 
gangways would be required due to this dispersion requirement. 
Commenters noted that some facilities have several floating piers, each 
connected by an individual gangway. If accessible slips must be placed 
on more than one pier (due to the dispersion requirement), more than 
one accessible gangway system would be required.
    Response. This provision does not prohibit accessible boat slips 
from being grouped at one or more piers, where such grouping does not 
reduce the number of type of slips that are required to be accessible. 
In cases where relocation of types of accessible boat slips to one pier 
is not possible, this dispersion provision will require more than one 
conforming gangway system.
    Comment. Commenters requested more information on the different 
``types'' of boat slips.
    Response. Features to be considered in determining types of boat 
slips include the size of the boat slips, whether there are single 
berths or double berths, shallow water or deep water, transient, 
longer-term lease, covered or uncovered, and whether slips are equipped 
with features such as telephone, water, electricity, and cable 
connections. Because the term ``boat slip'' is intended to cover any 
pier area where passengers or occupants embark or disembark, unless 
classified as a launch ramp boarding pier, other piers not typically 
thought of as containing ``boat slips'' are covered by this dispersion 
requirement. Therefore, for example, a fuel pier used on a short term 
basis may contain boat slips, and this type of slip would be included 
in determining compliance with section 15.2.3.1. This information has 
also been included in the appendix.
    Comment. The proposed rule required that accessible boat slips be 
located nearest to the amenities provided in the boating facility. Some 
commenters noted that adding this requirement to the dispersion 
provision increased the difficultly in providing accessible slips in 
existing facilities. It also tended to require more accessible gangways 
even in new construction. Commenters also questioned how to identify an 
amenity and if it is desirable to be located nearest an amenity. For 
example, being located near the toilet room might be desirable for one 
person but not for someone sensitive to noise and odors. Likewise, 
having an accessible slip located nearest the fuel pier may be 
beneficial for one person and not desired by others. One commenter 
noted that at existing facilities, corner slips are already accessible, 
but may not be closest to amenities.
    Response. The ``amenities'' section has been removed from the final 
rule, because the rule intends to allow accessible boat slips to be 
grouped on one or more piers. In addition, the provision was removed 
due to comments which questioned whether being closest to an amenity is 
desirable.

[[Page 56369]]

Section 15.2.4  Boarding Piers at Boat Launch Ramps

    This section requires where boarding piers are provided at boat 
launch ramps, at least 5 percent, but not less than one, of the 
boarding piers must comply with 15.2.4 and be served by an accessible 
route complying with ADAAG 4.3.
    Exception 1 permits accessible routes serving floating boarding 
piers to use the exceptions in section 15.2.2. Exception 2 permits 
gangways to exceed the maximum slope and rise specified by ADAAG 4.8.2, 
where the total length of the gangways serving as part of a required 
accessible route is greater than 30 feet. Lastly, exception 3 indicates 
that where the accessible route serving a floating boarding pier or 
skid pier is located within a boat launch ramp, ADAAG 4.8 does not 
apply to the portion located within the boat launch ramp.
    Comment. As noted above, some commenters thought that the proposed 
rule required that an accessible slip or boarding pier had to be 
provided at boat launch ramps.
    Response. The proposed rule did not require that accessible 
boarding piers be provided at every facility with a launch ramp. Where 
boarding piers are provided, the proposed rule required that at least 
one accessible boat slip be provided adjacent to the launch ramp to 
ensure that at least one boarding pier complied with the pier clearance 
requirements. By using the term ``boat slip'', the Board did not intend 
to ensure that a rented, leased, or purchased mooring space would be 
available at the launch ramp, as some commenters concluded.
    Comment. The proposed rule required that where boat launch ramps 
are provided with boarding piers, at least one accessible slip be 
provided adjacent to a boat launch ramp. A few commenters suggested 
that 50 percent, but not less than one boarding pier, be accessible.
    Response. The final rule requires 5 percent, but not less than one, 
of boarding piers to be accessible. Most facilities with launch ramps 
only have one or two launch ramps. Compliance with this provision would 
translate to 100 percent or 50 percent access, assuming each launch 
ramp had its own boarding pier. Since some facilities have more than 20 
launch ramps, the provision is consistent with how ADAAG addresses some 
conditions where multiple features are provided for the same use.
    Comment. Some commenters were concerned that to serve an accessible 
floating boarding pier, the accessible route would have to run down the 
launch ramp and would require the slope of the launch ramp to be 1:12 
maximum. Such a slope would dramatically effect the ability to launch 
and retrieve trailered boats. A few commenters noted that in designs 
using a string of boarding piers connected together, as water levels 
decline, the boarding piers end up resting on the launch ramp surface. 
Therefore, they would match the slope of the launch ramp which is 
generally steeper than 1:8. In such a design, some piers actually 
function as gangways for a period of time.
    In another design, a stationary boarding pier (also known as a skid 
pier) rests on the launch ramp surface, but is repositioned as water 
levels rise and fall. This design also allows the skid pier to be 
easily removed where the body of water becomes ice bound and deicing 
equipment is not practical. An example of a fixed boarding pier was 
provided which showed two levels connected by handrail equipped ramps. 
During high water, boaters used the upper level while the lower level 
and the ramp connecting it were covered by water. At low water, the 
lower level is used.
    One commenter noted the value floating boarding piers provide for 
persons with disabilities when accessing a boat since the pier remains 
at a set height above the water. A few pointed out that accessible 
routes serving boarding piers were not required to run down the launch 
ramp but could be provided alongside the ramp. Another commenter noted 
that constructing switchback ramps or any other structure within the 
area near the shoreline was subject to more environmental limitations 
and was a problem particularly for providing access at existing launch 
ramps. Several commenters pointed out that at launch ramps, handrails 
and guardrails on some gangways (primarily on short gangways) are not 
provided because they interfere with boat lines as boats are launched 
or retrieved. One commenter mentioned that providing accessible 
boarding piers was not a problem, but providing the accessible route to 
it was a problem. The commenter noted that if the requirements were too 
difficult, entities would stop providing boarding piers.
    Response. Anecdotal information indicates that boarding piers are 
not provided at all launch ramps. For example, the Michigan Department 
of Natural Resources reported that of their over 900 boating access 
sites, approximately half are provided with boarding piers (also known 
as courtesy piers or docks). Since boarding piers may improve the 
ability for persons with disabilities to embark and disembark boats at 
launch ramps, the final rule seeks to not discourage entities from 
providing them. The Board has identified two areas of concern.
    The first concern relates to accessing floating boarding piers. 
Boarding piers, when provided, tend to be quite small as compared to 
the square footage of piers used as boat slips. Many boating facilities 
consist of only one or two launch ramps and maybe a boarding pier, and 
contain no other boating structures. Providing access to floating 
boarding piers are subject to many of the same factors as providing 
access to floating piers which contain boat slips. In the final rule, 
the Board added exception 1 to section 15.2.4. This exception allows 
launch ramp boarding piers to use specified exceptions contained in 
section 15.2.2.
    Exception 4 in section 15.2.2 allows boating facilities with less 
than 25 slips to have shorter gangways. To provide a similar small 
facility exception for boarding piers, exception 2 was added to 15.2.4. 
The exception exempts gangways accessing floating boarding piers at 
launch ramps from complying with the maximum slope requirements of 
ADAAG 4.8.2 where the gangways are at least 30 feet in length.
    The Board's second area of concern focused on the effect of the 
accessible route requirements on a launch ramp, where the connection to 
a boarding pier is located within a launch ramp. As noted in the 
comments, the issue is not only the running slope requirement of an 
accessible route, but also includes the handrail, landing, and maximum 
rise requirements.
    To address this concern, the Board added exception 3 to this 
section of the final rule. This exception provides that the 
requirements of ADAAG 4.8 do not apply to accessible routes located 
within launch ramps which serve floating boarding piers or skid piers 
also located within launch ramps. Although ADAAG 4.8 does not apply, 
other requirements of ADAAG 4.3 are applicable. For example, an 
accessible route with a minimum width of 36 inches must serve the 
boarding pier. Large ``V'' shaped groves which are typically provided 
to increase tire traction would not be allowed by ADAAG 4.3.6 (which 
references ADAAG 4.5) within the accessible route. Cross slopes 
requirements of ADAAG 4.3.7 remain 1:50 maximum. It is noted that ADAAG 
4.3 does not require the entire launch ramp to meet these requirements, 
but does apply them to the 36 inch wide minimum accessible

[[Page 56370]]

route which shares the launch ramp surface and connects to the boarding 
pier and accessible elements on the boarding pier. Exception 3 only 
exempts the ramp requirements contained in ADAAG 4.8, such as maximum 
slope, maximum rise, handrails, and level landings. The following two 
examples are included in the appendix.

    Example 1. A chain of floats are provided on a launch ramp to be 
used as a boarding pier which is required to be accessible by 
15.2.4. At high water, the entire chain is floating and a transition 
plate connects the first float to the surface of the launch ramp. As 
the water level decreases, segments of the chain end up resting on 
the launch ramp surface, matching the slope of the launch ramp. As 
water levels drop, segments function also as gangways because one 
end of a segment is resting on the launch ramp surface and the other 
end is connecting to another floating segment in the chain.
    Under ADAAG 4.1.2(2), an accessible route must serve the last 
float because it would function as the boarding pier at the lowest 
water level, before it possibly grounded out. Under exception 3, 
because the entire chain of floats is part of the accessible route, 
each float is not required to comply with ADAAG 4.8, but must meet 
all other requirements in ADAAG 4.3, unless exempted by exception 1. 
In this example, because the entire chain also functions as a 
boarding pier, the entire chain must comply with the requirements of 
15.2.5, including the 60 inch minimum clear pier width provision.
    Example 2. A non-floating boarding pier supported by piles 
divides a launching area into two launch ramps and is required to be 
accessible. Under ADAAG 4.1.2(2), an accessible route must connect 
the boarding pier with other accessible buildings, facilities, 
elements, and spaces on the site. Although the boarding pier is 
located within a launch ramp, because the pier is not a floating 
pier or a skid pier, none of the exceptions in 15.2.4 apply. To 
comply with ADAAG 4.3, either the accessible route must run down the 
launch ramp or the fixed boarding pier could be relocated to the 
side of the two launch ramps. The second option leaves the slope of 
the launch ramps unchanged, because the accessible route runs 
outside the launch ramps.

    Comment. A few commenters questioned how the accessible route 
required by ADAAG 4.1.2 should connect a launch ramp which does not 
have a boarding pier.
    Response. In the Recreation Access Advisory Committee, Boating and 
Fishing Facilities subcommittee report, the subcommittee recommended 
that the accessible route run to the crown of the launch ramp. In 
response to the ANPRM, commenters questioned how the ``crown'' would be 
determined. Because a precise spot at the launch ramp could not be 
identified to which the accessible route connects, neither the proposed 
rule nor the final rule addresses this issue. As the final rule does 
not intend to change the slope of launch ramps, the accessible route 
required by ADAAG 4.1.2 is required to connect the launch ramp, but the 
specific point of connection is not set out.

Section 15.2.4.1  Boarding Pier Clearances

    This section requires that at boarding piers, the entire length of 
the piers required to be accessible by section 15.2.4, must comply with 
section 15.2.5.
    Comment. Some commenters questioned if the proposed rule required a 
minimum length of 40 feet for the accessible boarding piers.
    Response. Neither the proposed rule, nor the final rule establishes 
a minimum length for accessible boarding piers. The accessible boarding 
pier would have a length which is at least equal to other boarding 
piers provided at the facility. Where only one boarding pier is 
provided, it would have a length equal to what would have been provided 
if no access requirements applied. The entire length of accessible 
boarding piers would be required to comply with the same technical 
provisions that apply to accessible boat slips. For example, at a 
launch ramp, if a 20-foot long accessible boarding pier is provided, 
the entire 20 feet must comply with the pier clearance requirements in 
section 15.2.5. Likewise, if a 60-foot long accessible boarding pier is 
provided, the pier clearance requirements in section 15.2.5 would apply 
to the entire 60 feet. An advisory note has been added to the appendix 
which provides similar information regarding lengths of boarding piers.

Section 15.2.5  Accessible Boat Slips

    This section sets out requirements for accessible boat slips. 
Section 15.2.5.2 specifically addresses cleats and other boat 
securement devices.

Section 15.2.5.1  Clearances

    This section requires that accessible boat slips be served by clear 
pier space 60 inches wide minimum and at least as long as the 
accessible boat slips. Additionally, every 10 feet maximum of linear 
pier edge serving the accessible boat slips must contain at least one 
continuous clear opening 60 inches minimum in width. The provision is 
unchanged from the proposed rule, although three exceptions have been 
added.

Exception 1  Reduced Width

    Exception 1 allows the width of the clear pier space to be 36 
inches minimum for a length of 24 inches maximum, provided that 
multiple 36 inch wide segments are separated by segments that are 60 
inches wide and 60 inches long.
    Comment. Some commenters requested piers to be 72 to 96 inches wide 
to improve safety for persons who use wheelchairs. Others commenters 
were satisfied with the 60 inch minimum width but wanted the ability to 
reduce the width down to 36 inches in places to get around objects like 
supporting piles located within the clear pier space. One commenter 
requested, in response to the draft final rule, a reduced width because 
environmental agencies are making it harder to install finger piers 
wider than 4 feet.
    Response. The 60 inch minimum width is consistent with the width 
required at access aisles for standard accessible parking spaces and 
was supported in the Recreation Access Advisory Committee, Boating and 
Fishing Facilities subcommittee report. Because the final rule allows 
obstructions to be located around the edge of the finger piers where 60 
inch openings are available, unlike vehicle access aisles, it is not 
necessary for the entire pier to have a 60 inches clear width. 
Exception 1 allows reductions in the width of the pier clearance. The 
exception was included in the draft final rule and received little 
comment. An advisory note has been added to the appendix which 
recommends that clear pier spaces be wider than 60 inches, particularly 
on floating piers which are less stable, to improve the safety for 
persons with disabilities.
    Comment. A number of commenters recommended that instead of the 60 
inch clear width running the length of the slip, only one 60 inch by 60 
inch space be required at the accessible boat slip. This space could be 
placed either alongside the slip or at the head of the slip on the main 
pier. These commenters also recommended that where finger piers at the 
facility are longer than 20 feet, a second 60 inch by 60 inch space 
should be provided at the slip.
    Response. As recreational boats vary in shape, size, and layout, it 
cannot easily be known where persons with disabilities would embark or 
disembark a boat. By requiring the clear pier space along the entire 
length of the slip, access options between the boat and the pier are 
improved. Although the final rule does not require the entire edge of 
the clear pier space to be unobstructed, by extending the clear pier 
space the length of the slip, the number of 60 inch continuous clear 
openings increases which further improves access between the boat and 
the pier.

[[Page 56371]]

Exception 2  Edge Protection

    Exception 2 permits edge protection 4 inches high maximum and 2 
inches deep maximum at the continuous clear openings.
    Comment. The proposed rule required that every 120 inches maximum 
of linear pier edge serving the accessible boat slips contain at least 
one continuous clear opening 60 inches minimum. A few commenters noted 
that the provision would not allow edge protection to be placed within 
the opening.
    Response. In response to the ANPRM, commenters had mixed views on 
the use of edge protection. Some maintained that edge protection was 
necessary to protect persons who use wheelchairs from falling off the 
pier edges. Others maintained that edge protection created a tripping 
hazard as persons moved between a pier and boat. The proposed rule did 
not address edge protection at piers but did prohibit its installation 
at the continuous clear openings at the accessible slips. The Board has 
not taken a position on whether edge protection should be provided at 
piers, but has provided exception 2 so as not to prohibit its use at 
the continuous clear openings. Maximum dimensions are provided to 
control the size of the edge protection so as not to block the clear 
openings.

Exception 3  Alterations to Existing Facilities

    Exception 3 provides that in alterations to existing facilities, 
the clear pier space can be located perpendicular to the boat slip and 
extend the width of the boat slip. This exception is available only if 
the facility has at least one boat slip complying with section 15.2.5 
and where further compliance with 15.2.5 would result in a reduction in 
the number of boat slips available or result in a reduction in the 
widths of existing slips.
    Comment. Some commenters disagreed with requiring clear pier spaces 
alongside accessible boat slips where finger piers are not provided 
within the facility. Others noted that at existing facilities, 
increasing finger pier widths, on which pier clearances would be 
provided, may reduce the number of slips available.
    Response. Although commenters at the two information meetings on 
the draft final rule indicated that more recreational boats are 
designed to be boarded from the stern, many recreational boats still 
provide for side boarding. To maximize the options for persons with 
disabilities to board, the requirement that the clear pier space extend 
the length of the accessible boat slip in newly constructed facilities 
has not been modified. However, exception 3 has been added to the final 
rule to reduce the impact of this provision on existing facilities.

Section 15.2.5.2  Cleats and Other Boat Securement Devices

    This section clarifies that cleats and other boat securement 
devices are not required to comply with ADAAG 4.27.3.
    Comment. A few commenters noted that at accessible boat slips, 
controls and operating mechanisms (such as power receptacles, and water 
and sewage connections) should comply with ADAAG 4.27.
    Response. Although section 15.2 contains requirements for 
recreational boating facilities, other requirements in ADAAG 4.1 still 
apply. Therefore, ADAAG 4.1.3(13) would require controls and operating 
mechanisms, such as electrical and water connections, at accessible 
boat slips to comply with ADAAG 4.27. However, because mooring features 
used to secure a boat, when raised, exert higher load pressures at the 
point of pier attachment, the danger of failure increases, particularly 
on floating piers. For this reason, section 15.2.5.2 was added which 
states that the reach range requirements of ADAAG 4.27.3 do not apply 
to boat securement devices.

Section 15.3  Fishing Piers and Platforms

Section 15.3.1  General

    This section requires that newly designed or newly constructed and 
altered fishing piers and platforms comply with section 15.3.
    Comment. Commenters questioned how the guidelines would apply to 
places that people may fish from, but were not constructed for fishing 
(e.g., a breakwater jetty, a bridge, or a flood control dam).
    Response. Structures that have been designed and constructed for 
purposes other than fishing, even though persons may use the structure 
for fishing, are not required to comply with this section. However, 
piers and platforms that are newly designed or constructed and altered 
for the specific purpose of fishing are required to comply with this 
section.

Section 15.3.2  Accessible Route

    This section requires that accessible routes, including gangways 
that are part of accessible routes serving fishing piers and platforms 
comply with ADAAG 4.3. Exception 1 permits the accessible route, 
serving floating fishing piers and platforms to use exceptions 1, 2, 5, 
6, 7, and 8 in section 15.2.2. Exception 2 provides that where the 
total length of the gangway or series of gangways serving as part of a 
accessible route is at least 30 feet, the maximum slope specified by 
ADAAG 4.8.2 does not apply to the gangways.
    Comment. The proposed rule required the accessible route connecting 
to floating fishing piers and platforms to comply with the provisions 
for accessible routes at boating facilities. This section received only 
a few comments. One commenter recommended that the square footage 
values in the proposed rule be reduced for application to floating 
fishing piers. Another commenter noted that such a requirement would 
discourage entities from providing fishing piers.
    Response. The final rule references exceptions 1, 2, 5, 6, 7 and 8 
of 15.2.2 (Boating Facilities) for floating fishing piers and 
platforms. Exception 4 in section 15.2.2 allows boating facilities with 
less than 25 slips to have shorter gangways. To provide a similar small 
facility exception for floating fishing piers, exception 2 was added to 
section 15.3.2 and is based on a similar exception in section 15.2.4 
which applies to floating boarding piers. The following example is 
included in the appendix.

    Example. To provide access to an accessible floating fishing 
pier, a gangway is used. The vertical distance is 60 inches between 
the elevation that the gangway departs the landside connection and 
the elevation of the pier surface at the lowest water level. 
Exception 2 permits the use of a gangway at least 30 feet long, or a 
series of connecting gangways with a total length of at least 30 
feet. The length of transition plates would not be included in 
determining if the gangway(s) meet the requirements of the 
exception.

    Comment. One designer questioned whether the proposed rule 
prohibited gangways which comply with ADAAG 4.8.
    Response. ADAAG 4.1.2(2) requires at least one accessible route 
complying with ADAAG 4.3 to connect accessible buildings, facilities, 
elements, and spaces that are on a site. ADAAG 4.3.7 requires an 
accessible route with a running slope greater than 1:20 to comply with 
the ramp requirements of ADAAG 4.8. Although the final rule contains 
exceptions which modify the requirements of ADAAG 4.8, the use of these 
exceptions is not mandatory. Designers are encouraged to provide 
greater access for gangways and exceed the minimums contained in the 
exceptions and the minimum requirements of ADAAG 4.8.

[[Page 56372]]

Section 15.3.3  Railings

    This section requires that where railings, guards, or handrails are 
provided, they must comply with 15.3.3.

Section 15.3.3.1  Edge Protection

    This provision requires edge protection that extends 2 inches 
minimum above the ground or deck surface. An exception provides that 
where the railing, guardrail, or handrail is 34 inches or less above 
the ground or deck surface, edge protection is not required if the deck 
surface extends 12 inches minimum beyond the inside face of the 
railing. The toe clearance must be 9 inches minimum above the ground or 
deck surface beyond the railing and be 30 inches minimum wide.
    Comment. The proposed rule did not permit other options for edge 
protection on floating fishing piers and platforms. Commenters provided 
designs of fishing stations incorporating an extended deck past the 
rail or guard that enable a person using a wheelchair or mobility 
device the opportunity for toe clearance beyond the face of the railing 
or guard. They felt that this design should be permitted and encouraged 
the Board to incorporate into the final rule.
    Response. The proposed rule required edge protection where railings 
are provided and did not provide the flexibility designers of fishing 
piers and platform requested. An exception has been added to the final 
rule to permit more flexibility in providing a variety of designs that 
promote increased levels of accessibility to anglers with disabilities.

Section 15.3.3.2  Height

    This section requires at least 25 percent of the railings to be a 
maximum of 34 inches above the ground or deck surface.
    The Board sought comment on the height of lowered guards and what 
steps have been taken to ensure that their use was permitted under 
applicable building codes and standards. Additionally, in light of 
concerns that have been raised about safety issues related to lower 
guards, the Board also sought information on experiences designers or 
operators have had where guards on floating fishing piers and platforms 
have been lowered to accommodate individuals using wheelchairs and 
other mobility devices while fishing.
    Comment. Many commenters supported the use of lowered rails or 
guards to provide persons using wheelchairs or other mobility devices 
the opportunity to fish. Commenters gave examples of providing lowered 
rails or guards for many years, in many different applications, with no 
reported safety or injury problems. Commenters provided descriptions of 
unique and innovative designs of fishing stations constructed for use 
by persons with disabilities.
    Response. The final rule retains the requirement that, where 
provided, 25 percent of the railing must be at a lowered height. 
Current designs, provided by commenters, supported a maximum height of 
the lowered rail or guard to be at 34 inches above the ground or deck 
surface. The height requirement for 25 percent of the rail has been 
changed in the final rule to 34 inches maximum above the ground or deck 
surface.
    Comment. Some commenters believed that the Occupational Safety and 
Health Administration (OSHA) standards apply to recreational fishing 
piers and platforms. The OSHA standards apply to places where 
employment is performed and prescribe a 42 inch high railing along open 
sides of platforms located 4 feet or more above the floor. 29 CFR 
1910.5 and 1910.23 (c) and (e). Other commenters believed that 
recreational fishing piers and platforms are covered by State and local 
building codes, which typically prescribe 42 inch high guards along 
open sides of platforms located more than 30 inches above the floor. 
These commenters were concerned that requiring at least 25 percent of 
railings to be a maximum 34 inches high conflicts with the OSHA 
standards, and State and local building codes.
    Response. Recreational fishing piers and platforms are subject to 
OSHA safety standards only if they are places of work. In some cases 
there may be both workers and recreational users on a pier. In those 
cases, OSHA standards would apply, and the pier would be exempted from 
the height requirements in the final rule, as discussed below.
    The International Code Council has advised the Board that 
recreational fishing piers and platforms are not covered by model 
building codes unless they are an integral part of a building that is 
regulated by the adopting State or local authority. To avoid potential 
conflicts, an exception has been added to the final rule that permits a 
higher guard to be provided along a recreational fishing pier or 
platform where the guard complies with the International Building Code 
(IBC) (2000 edition) requirements for height (not less than 42 inches 
high) and opening limitations (4 inch diameter sphere cannot pass 
through any opening up to a height of 34 inches; and 8 inch diameter 
sphere cannot pass through any opening from a height of 34 inches to 42 
inches). This exception can be used if a recreational fishing pier or 
platform is covered by a State or local building code; or if a design 
professional believes that a specific location warrants enhanced safety 
measures; or if an employer provides a 42 inch high railing to comply 
with OSHA standards.

Section 15.3.3.3  Dispersion

    This section requires that lowered railings be dispersed throughout 
a fishing pier or platform.
    Comment. A commenter requested guidance on the criteria used to 
determine dispersion.
    Response. Anglers who stand can fish from any part of a pier or 
platform and can change location depending on the fishing or water 
conditions. Where railings, guards, and handrails have been installed 
on fishing piers and platforms, the height of the railings interfere 
with fishing and block vision for persons who use wheelchairs and other 
mobility devices. This provision requires that where railings are 
provided, the dispersion of the lowered railings provide similar 
choices to fish from a variety of locations. The distribution of lower 
railings could include locations of different water depths with some 
that provide shading or are close to shore, and could take into account 
the tides or water fluctuations.

Section 15.3.4  Clear Floor or Ground Space

    This section requires that at least one clear floor or ground space 
complying with ADAAG 4.2.4 be provided where the lowered railing height 
is located. Where no railings are provided, at least one clear floor or 
ground space complying with ADAAG 4.2.4 must be provided. No 
substantive comments were received and no changes were made to this 
provision for the final rule.

Section 15.3.5  Maneuvering Space

    This section requires that at least one maneuvering space complying 
with ADAAG 4.2.3 be provided on a fishing pier or platform. The 
maneuvering space is permitted to overlap the accessible route and the 
clear floor space required by 15.3.4. No substantive comments were 
received and no changes were made to this provision for the final rule.

Golf

Section 3.5  Definitions

    Two terms used in this section are added to ADAAG 3.5 
(Definitions).
    A ``golf car passage'' is defined as a continuous passage on which 
a

[[Page 56373]]

motorized golf car, also known as a golf cart, can operate. Designers 
and operators sometimes use the term ``golf car path'' to identify what 
the Board is defining as a ``golf car passage.'' Because the term 
``golf car path'' may connote a prepared surface, the term was not 
used. While a golf car passage must be usable by golf cars, it does not 
necessarily need to have a prepared surface.
    A ``teeing ground'' is the starting place for a hole to be played. 
This definition is consistent with the United States Golf Association 
definition, which describes a teeing ground as a rectangular area two 
club-lengths in depth, with the front and sides defined by the outside 
limits of two tee-markers.

Section 15.4.1  General

    This section requires newly designed or newly constructed and 
altered golf courses, driving ranges, practice putting greens, and 
practice teeing grounds to comply with 15.4.

Section 15.4.2  Accessible Route--Golf Courses

    This section requires an accessible route to be 48 inches wide 
minimum, or 60 inches minimum if handrails are provided, to connect 
accessible elements and spaces located within the boundary of a golf 
course. Additionally, an accessible route must connect the golf car 
rental area, bag drop areas, practice putting greens, accessible 
practice teeing grounds, course toilet rooms, and course weather 
shelters.
    Exception 1 permits the use of a golf car passage complying with 
section 15.4.7 in lieu of all or part of an accessible route. This 
exception does not apply to the required accessible route complying 
with 4.3 when connecting elements and amenities outside of the boundary 
of the golf course (i.e., accessible vehicle parking spaces with the 
golf course clubhouse entrance). Exception 2 provides that handrails 
are not required on accessible routes within the boundary of a golf 
course. It is hazardous for handrails to be located through a green, or 
on teeing grounds, because of the danger of golf balls ricocheting off 
rails. Since course elements could be accessible from golf car passages 
in lieu of an accessible route, handrails would be of little utility 
along these routes.
    The guidelines recognize that providing an accessible route may be 
impractical on a golf course for several reasons. First, the route of 
play for a golfer is dependent on where the ball lands and is therefore 
unpredictable. Secondly, there is an assumption that on many courses, 
golfers use a golf car to move throughout the course. Finally, 
requiring an accessible route throughout a course could alter the 
slopes within some courses and eliminate some of the challenge of the 
game. The guidelines permit accessible elements and spaces within the 
boundary of the course and areas used for practice putting or driving 
and other course amenities outside the boundary of the course to be 
connected through either an accessible route or a golf car passage.
    The 48 inch minimum width for the accessible route is necessary to 
ensure passage of a golf car on either the accessible route or the golf 
car passage. This is important where the accessible route is used to 
connect the golf car rental area, bag drop areas, practice putting 
greens, accessible practice teeing grounds, course toilet rooms, and 
course weather shelters. These are areas outside the boundary of the 
golf course, but are areas where an individual using an adapted golf 
car may travel. A golf car passage may not be substituted for other 
accessible routes, required by ADAAG 4.1.2, located outside the 
boundary of the course. The following example is included in the 
appendix.

    Example. An accessible route connecting an accessible parking 
space to the entrance of a golf course clubhouse is not covered by 
this provision permitting a golf car passage in lieu of an 
accessible route required by 4.1.2.

    Comment. The proposed rule sought comment on the option of using a 
golf car passage in lieu of an accessible route for smaller courses 
(i.e., 3 or 6 holes).
    Response. Commenters supported the use of the golf car passage on 
smaller courses. The final rule provides golf course designers and 
operators the opportunity to choose between providing either a golf car 
passage or an accessible route for all courses regardless of size.
    Comment. Commenters questioned who would be responsible for 
providing single rider adaptive golf cars. Additionally, commenters 
questioned if a course could establish criteria for restricting use due 
to terrain conditions. Others wanted to know if there are plans to 
create regulations or guidelines for accessible golf cars. Persons with 
disabilities supported the use of adaptive or single rider golf cars 
and gave examples of experiences at courses currently permitting or 
providing access via golf cars to courses.
    Response. The Board develops and maintains accessibility guidelines 
for the built environment. It is outside the jurisdiction of the Board 
to address the operational and procedural requirements of a golf 
course. Operational and procedural issues are within the jurisdiction 
of the Department of Justice.
    Comment. The requirements for an accessible route or golf car 
passage seek to provide access for players with disabilities to either 
practice or play the game of golf. The Board requested comments on how 
access should be provided for spectators during golf tournaments and 
competitions. Commenters provided examples and experiences of current 
accessibility practices encountered at many levels of tournaments and 
supported allowing the tournament committees to select holes (teeing 
areas, fairways, and putting greens) to provide accommodations and 
transportation to the selected areas throughout the golf course and 
surrounding areas.
    Response. No additional requirements have been included in the 
final rule for spectators with disabilities attending tournaments or 
competitions. Facilities hosting tournaments or competitions must 
comply with all the other requirements of the ADA, including the 
general obligation to provide an equal opportunity to individuals with 
disabilities to enjoy the services provided. Additionally, ADAAG 
requires temporary facilities used during tournaments or competitions 
to provide access to assembly seating areas, portable restroom 
facilities, concessions, and all other available amenities. Access to 
these temporary facilities on a golf course may be achieved through 
either an accessible route or golf car passage.

Section 15.4.3  Accessible Routes--Driving Ranges

    This section provides that an accessible route must connect 
accessible teeing stations at driving ranges with accessible parking 
spaces and must be 48 inches minimum in width. Where handrails are 
provided, the accessible route must be a minimum of 60 inches in width. 
An exception has also been added which permits a golf car passage to be 
used at driving ranges instead of an accessible route.
    Comment. The proposed rule did not specifically address the 
accessible route provided at driving ranges. A commenter stated that a 
person who plays from a golf car would need to practice driving a golf 
ball from the same position and stance used when playing the game.
    Response. The final rule requires both a stand alone driving range 
and a driving range located at a golf course to provide an accessible 
route that is 48 inches wide minimum or 60 inches minimum where 
handrails are provided,

[[Page 56374]]

to connect the accessible parking spaces to required accessible teeing 
stations.

Section 15.4.4  Teeing Grounds

    This section requires teeing grounds to comply with section 15.4.4.

Section 15.4.4.1  Number Required

    This section requires that where one or two teeing grounds are 
provided for a hole, one teeing ground must be accessible. Where three 
or more teeing grounds are provided for a hole, at least two teeing 
grounds serving a hole must be accessible.
    Comment. The proposed rule required that if two teeing grounds were 
provided both must be accessible. Course designers and operators 
expressed concerns that if only two teeing grounds are provided at a 
hole requiring both to be accessible was too restrictive.
    Response. The final rule has been revised to require two teeing 
grounds to be accessible when three or more teeing grounds are provided 
for a hole. The Board believes that requiring two teeing grounds to be 
accessible when three or more are provided will provide persons with 
disabilities with an option to play from different tees appropriate to 
their skill level and also provide course operators and designers with 
the flexibility they requested.

Section 15.4.4.2  Forward Teeing Ground

    This section requires the forward teeing ground to be accessible. 
The forward teeing ground need not be accessible in alterations of 
existing courses when terrain makes compliance infeasible.
    Comment. The proposed rule sought comment on the number of 
accessible teeing grounds that should be required for each hole and, if 
more than one accessible teeing ground is provided, whether it should 
be the forward tee. Commenters supported the option to play from 
different teeing grounds appropriate to player skill levels if multiple 
teeing grounds are provided per hole. Additionally, golfers with 
disabilities overwhelmingly supported requiring the forward teeing 
ground to be accessible regardless of the number of teeing grounds 
provided.
    Response. The final rule provides a choice of teeing grounds for 
golfers with disabilities when three or more teeing grounds are 
provided per hole and also provides flexibility to course designers and 
operators. The final rule also requires that the forward teeing ground 
be the accessible tee regardless of the number of teeing grounds 
provided per hole.
    Comment. The proposed rule did not provide an exception for 
alterations of existing teeing grounds from making the forward tee 
accessible. Commenters stated that requiring access to the forward 
teeing ground in alterations to existing courses may be too 
restrictive.
    Response. Some teeing grounds on existing courses may be located on 
steep slopes and it may not be possible to provide a golf car passage 
to the forward teeing ground. The final rule exempts the forward teeing 
ground from being accessible in alterations where compliance is not 
feasible due to terrain.

Section 15.4.4.3  Teeing Grounds

    This section requires accessible teeing grounds to be designed and 
constructed to allow a golf car to enter and exit the teeing ground.
    Comment. The proposed rule required teeing grounds to provide a 
minimum clear area 10 feet by 10 feet with a surface slope not 
exceeding 1:48 in all directions. Course designers and operators stated 
that current designs of teeing grounds provide a clear area of at least 
10 feet by 10 feet. Additionally, they expressed concern about 
maintaining a slope no greater than 1:48, and noted that settling of 
the soil and drainage problems occur with such a minimal slope. Others 
questioned how the slope of the teeing ground should be measured.
    Response. Current design and construction practices for teeing 
grounds provide the needed space for golf car passages. Designers 
currently limit the slope of the teeing grounds to provide a level 
surface from which golfers tee off. The maximum slopes and minimum size 
requirements have been deleted from the final rule. The final rule 
requires teeing grounds to be designed and constructed to allow a golf 
car to enter and exit the teeing ground.

Section 15.4.5  Teeing Stations at Driving Ranges and Practice Teeing 
Grounds

    This section requires that where teeing stations or practice teeing 
grounds are provided, at least 5 percent, but not less than one, of the 
practice teeing grounds must be accessible. This provision applies to 
practice facilities adjacent to a golf course, in addition to stand-
alone facilities. No substantive comments were received and no changes 
have been made for the final rule.

Section 15.4.6  Weather Shelters

    This section requires weather shelters that are provided on a golf 
course to be designed and constructed to allow a golf car to enter and 
exit and have a clear floor or ground space 60 inches by 96 inches. 
This space will allow a golf car to be driven directly into a weather 
shelter. No substantive comments were received and no changes have been 
made for the final rule.

Section 15.4.7  Golf Car Passage

    This section requires openings at least 60 inches wide to be 
provided at intervals, not exceeding 75 yards, where curbs or other 
man-made barriers are provided along a golf car passage that would 
prohibit a golf car from entering a fairway.
    Comment. The proposed rule required the 60 inch openings at 
intervals of 75 yards of golf car passage. Course designers and 
operators expressed concern that requiring openings at a fixed distance 
of 75 yards would be too restrictive and would not allow enough 
flexibility for natural characteristics of the course, hazard 
placement, and erosion control.
    Response. The final rule requires the openings at intervals not to 
exceed 75 yards. These openings will provide access to the course at 
reasonable intervals, enabling a golfer using a golf car to play the 
game without extended travel distances and time requirements and also 
provide the flexibility the course designer and course operator need.

Section 15.4.7.1  Width

    This section requires a golf car passage to be 48 inches wide 
minimum.
    Comment. Commenters supported limited technical requirements for 
golf car passages. Currently there are no standards that govern the 
design or construction of golf car passages. Commenters felt that 
additional requirements would restrict designers and have the potential 
of altering the game.
    Response. The 48 inch minimum dimension for a golf car passage is 
based on the standard width of gasoline or electric powered golf cars. 
The golf car passage may at times coincide with the golf car path, 
however, it is not required to include a prepared surface. The golf car 
passage is a continuous passage on which a motorized golf car can 
operate. No additional technical provisions for golf car passages have 
been included in the final rule.

Section 15.4.8  Putting Greens

    This section requires space to allow a golf car to enter and exit 
the green.
    Comment. Substantial comment was received on requiring putting 
greens and fairways to be accessible to golfers using adaptive single 
rider golf cars. Course

[[Page 56375]]

operators are concerned that allowing golf cars access to the green 
will cause damage to the greens and potentially cause holes to be 
closed for extended periods of time. Golfers with disabilities, 
organizations supporting golfers with disabilities, and golf car 
manufacturers provided information on current courses that allow for 
golf car passage on putting greens which showed little or no damage to 
the putting green surface.
    Response. Single rider golf cars adapted for golfers with 
disabilities are available from about a dozen companies. These golf 
cars are generally designed to be ``greens friendly'' and have low 
ground pressure that is evenly distributed on all four tires. Some 
manufacturers report that the ground pressure of these golf cars is 
less than the ground pressure of a typically standing person and cause 
no turf damage even in wet conditions.
    Comment. Course operators also raised operational issues such as 
whether they are required to make single rider adapted golf cars 
available for rental and whether they can restrict the use of golf cars 
on fairways and greens for certain weather or agronomic conditions.
    Response. These issues go beyond the Board's jurisdiction and the 
requirements in this final rule. The Board anticipates that the 
Department of Justice will answer these operational issues when it 
amends its ADA regulations to incorporate the recreation facilities 
guidelines as standards.

Section 15.5  Miniature Golf

Section 15.5.1  General

    This section requires newly designed or newly constructed and 
altered miniature golf courses to comply with section 15.5.

Section 15.5.2  Accessible Holes

    This section requires at least 50 percent of all holes to be 
accessible and that the accessible holes be consecutive. With the 
reduction in the minimum number of accessible holes on a miniature golf 
course, the Board wants to provide a more socially integrated golfing 
experience for people using wheelchairs or other mobility devices. An 
exception also permits one break in the sequence of consecutive 
accessible holes, provided that the last hole on the miniature golf 
course is the last hole in the sequence. This exception is provided to 
allow some flexibility in the layout and design of a miniature golf 
course.
    Comment. Significant comment was received from miniature golf 
course owners and operators regarding the number of holes required to 
be accessible. The proposed rule required each hole on a miniature golf 
course to be accessible, with an exception for 50 percent of elevated 
holes. Commenters were asked to give the Board guidance on 
differentiating between level and elevated holes. Few comments were 
received on definition alternatives. Some owners and operators believed 
that the requirement for all holes to be accessible would significantly 
impact course design to the extent that the experience may be 
``fundamentally altered.'' Others cited space limitations, concerns 
about slowing the game down, and having the effect of ``compromising 
the challenge of the game.''
    Response. The Board has significantly reduced the number of holes 
required to be accessible in newly constructed miniature golf courses 
to 50 percent of all holes.
    Comment. During the comment period following the draft final rule, 
the Miniature Golf Association recommended that instead of making 50 
percent of the holes accessible, miniature golf facilities should have 
the option of providing tools, equipment, or assistive devices to 
provide access. They specifically requested that assistive devices such 
as electric carts be permitted as an alternative to an accessible 
route. Several other commenters opposed the reduction in the number of 
accessible holes, expressing concerns about limiting the game for 
persons with disabilities to only half of the holes.
    Response. The Board has maintained the requirement that a minimum 
of 50 percent of all holes in new construction be accessible. The final 
rule does not recognize the alternative use of assistive devices for 
providing access in new construction. Designing miniature golf course 
holes so electric carts can safely maneuver through the holes is likely 
to have as great or greater impacts than designing an accessible route. 
Requiring individuals with disabilities to use electric carts on 
miniature golf courses is also inconsistent with other provisions of 
the ADA which require goods, services, and facilities to be afforded in 
the most integrated setting appropriate.
    Given the diversity of layouts and designs of miniature golf 
courses, the final rule does not distinguish between courses with 
elevated holes or those with largely level holes. The 50 percent 
reduction represents a compromise given the concerns presented. Other 
considerations relate to the accessible route connecting accessible 
holes. The Board has established this reduction to give relief where 
courses are designed on small parcels of land with existing terrain 
limitations. It is recommended that all holes on a miniature golf 
course be made accessible where space limitations and existing steep 
terrain are not present.

Section 15.5.3  Accessible Route

    This section requires that the accessible route must connect the 
course entrance with the first accessible hole and the start of play 
area on each accessible hole. Since accessible holes must be 
consecutive, this section also requires the course to be configured to 
allow exit from the last accessible hole to the course exit or 
entrance. The course must be designed so as not to require an 
individual to back track through other holes to exit or move around the 
course. Where the accessible route is located on the playing surface of 
the accessible hole, five exceptions are permitted and are discussed 
below.
    Comment. Miniature golf course operators were concerned that the 
surface commonly used on miniature golf course holes would not meet the 
requirements for accessible carpet. Their concerns were centered around 
the thickness of the surface. ADAAG 4.5.3 includes a requirement that 
the maximum pile thickness must be no more than \1/2\ inch and be 
securely attached with a firm cushion, pad, or backing. Exposed edges 
must be fastened to floor surfaces and must have trim along the entire 
length of the exposed edge.
    Response. The Board has added Exception 1 which exempts carpet used 
on miniature golf course holes from the provisions of ADAAG 4.5.3. 
Surfaces provided as a part of an accessible route, whether on or off 
the playing surface, must comply with ADAAG 4.5.2. ADAAG 4.5.2 requires 
the surface to be ``stable, firm, and slip resistant.''
    Comment. Commenters raised concern about the use of readily 
removable curbs permitted in the proposed rule. Operators were 
concerned that their removable qualities would tempt younger players to 
use them inappropriately. Persons with disabilities questioned who 
would actually move the curbs and how problems related to their use 
would be addressed.
    Response. The final rule does not allow the use of ``readily 
removable curbs''. This option was included to allow for passage on and 
off the course while containing the ball while in play. As an 
alternative, Exception 2 has been added which permits a 1 inch curb for 
an opening distance of 32 inches where the accessible route intersects 
the

[[Page 56376]]

playing surface of a hole. This permits passage of wheelchairs while 
containing the ball within the hole.
    Comment. The proposed rule permitted a maximum slope of 1:4 for a 4 
inch rise where the accessible route is located on the playing surface. 
A few commenters questioned how close together a designer could locate 
these steeply sloped surfaces. They were concerned about the 
appropriateness where these steep slopes existed for long distances 
without areas to rest.
    Response. Exception 3 permits a slope of 1:4 maximum for a 4 inch 
rise where the accessible route is located on the playing surface of a 
hole. Exception 4 specifically addresses the issue of landings where 
sloped surfaces are provided. This exception permits the landings to be 
48 inches long with slopes no greater than 1:20. ADAAG 4.8.4(3) 
requires landings to be 48 inches by 60 inches minimum, where ramps 
change direction. Providing a separation or break from the steeper 
slopes is necessary for individuals with disabilities to safely 
maneuver on the hole.
    Exception 5 states that where the accessible route is located on 
the playing surface of a hole, handrails are not required.

Section 15.5.3.2  Accessible Route--Adjacent to the Playing Surface

    Where the accessible route is located adjacent to the playing 
surface, the equirements of 4.3 apply. This provision clarifies that 
the accessible route may be located on the playing surface of the 
accessible hole or adjacent to the hole.

Section 15.5.4  Start of Play Areas

    This section requires start of play areas required to comply with 
15.5.2 to have a slope not steeper than 1:48 and to be 48 inches 
minimum by 60 inches minimum.
    Comment. The proposed rule required the minimum space for the start 
of play area to be 60 inches by 60 inches. Commenters questioned the 
need for this space and recommended a reduction where possible 
especially where space limitations exist. Questions were also raised 
regarding the appropriateness of overlapping the accessible route with 
the start of play area.
    Response. The final rule reduces the space required since the start 
of play area will usually not require a person using a wheelchair or 
mobility aid to make a complete turn. Rather, space is necessary for 
positioning to take the first shot of the hole. Consistent with ADAAG, 
unless otherwise specified, the accessible route and the clear space 
required at the start of play area are permitted to overlap.

Section 15.5.5  Golf Club Reach Range

    This section requires all areas within accessible holes where golf 
balls rest to be within 36 inches maximum of an accessible route having 
a maximum slope of 1:20.
    Comment. The proposed rule required that all level areas within 
accessible holes where golf balls rest be within 27 inches maximum of 
an accessible route. A few commenters questioned the appropriateness of 
the 27 inch dimension. They recommended an increase to include a 
broader range of skill levels and golf club lengths.
    Response. The distance from the level areas has been increased to 
36 inches to balance the impact on course design and incorporate the 
reach of a typical adult size golf club. This is a maximum distance 
from the accessible route which may be located either on the hole or 
adjacent to the hole. Where possible, designers should locate the 
accessible route as close as possible to the level areas on the course. 
This will improve the ability to reach the golf ball for a variety of 
users.

Section 15.7  Exercise Equipment and Machines, Bowling Lanes, and 
Shooting Facilities

Section 15.7.1  General

    This section requires all newly designed or newly constructed and 
altered exercise equipment and machines, bowling lanes, and shooting 
facilities to comply with section 15.7.

Section 15.7.2  Exercise Equipment and Machines

    This section requires at least one of each type of exercise 
equipment and machines to be provided with clear floor space complying 
with ADAAG 4.2.4 and be served by an accessible route. Clear floor 
space must be positioned for transfer or for use by an individual 
seated in a wheelchair. Clear floor spaces for more than one piece of 
equipment are permitted to overlap. Permitting clear spaces to overlap 
should reduce the space requirements within an exercise or health club 
facility.
    Comment. The American Hotel and Lodging Association commented that 
the requirement for clear space at exercise equipment and machines 
created a burden for the lodging industry. Similar comments were also 
received from the International Health, Racquet, and Sport Club 
Association, who indicated that space limitations present in existing 
facilities will prohibit compliance with this provision.
    Response. These guidelines apply only to newly constructed and 
altered buildings and facilities. Where exercise equipment and machines 
are altered or added to a facility, the provisions of 15.7.1 apply to 
those pieces that are altered or added. In the case of altered exercise 
equipment or machines, the provisions of ADAAG 4.1.6(1)(j) related to 
``technical infeasibility'' will also apply. ADAAG 4.1.6(1)(j) permits 
departure from the technical provisions where existing physical or site 
constraints prohibit full compliance. Space limitations may prohibit 
full compliance with 15.7.2. In this case, designers and operators must 
comply to the ``maximum extent feasible''.
    Requirements for existing buildings and facilities are addressed in 
the Department of Justice regulations and are subject to the 
requirements for ``readily achievable barrier removal'' where the 
facility is covered by title III of the ADA. Facilities covered by 
title II of the ADA are subject to the requirements for ``program 
accessibility''. See discussion in the background section of this 
preamble.
    An appendix note is added to provide guidance on exercise equipment 
and machine layout to maximize space.
    Comment. A few commenters requested guidance on what is intended 
with respect to ``types'' of exercise equipment and machines. Others 
suggested that the Board should not require access to exercise machines 
or equipment that require the user to stand such as tread mills or 
stair climbers.
    Response. The final rule is not limited to exercise equipment or 
machines that do not require standing. Access to the various pieces of 
exercise equipment serves individuals who use mobility aids such as 
scooters and wheelchairs. Individuals with ambulatory disabilities 
including those using walkers, canes, and crutches will also benefit 
from an accessible route and clear floor space next to a treadmill or 
stationary bike or other exercise equipment. An appendix note provides 
guidance on the different types of exercise equipment and machines. It 
also suggests that owners and operators consider including exercise 
equipment and machines within their facilities that provide for upper 
body cardiovascular exercise. This will add to the diversity of 
exercise options for everyone.
    With respect to the issue of ``type'', a stationary bicycle would 
be considered one type. A rowing machine would also be considered a 
type. While both provide a cardiovascular exercise, they are considered 
two different types for purposes of these guidelines. In terms of 
strength training machines, a bench

[[Page 56377]]

press machine is considered a different type than a biceps curl 
machine. The requirement for providing access to each type is intended 
to cover the variety of strength training machines. Where operators 
provide a biceps curl machine and free weights, both are required to 
meet the provisions in this section, even though an individual may be 
able to work on their biceps through both types of equipment. Where the 
exercise equipment and machines are only different in that different 
manufacturers provide them, only one of each type of machine is 
required to meet these guidelines. For example, where two bench press 
machines are provided and each is manufactured by a different company, 
only one is required to comply.

Section 15.7.3  Bowling Lanes

    This section requires that where bowling lanes are provided, at 
least 5 percent, but not less than one lane of each type must be 
accessible.
    Comment. The Bowlers Proprietors Association expressed concern 
about requiring 5 percent of bowling lanes to be accessible. Their 
comments focused on the difficulty of providing ramps to gain access to 
bowling lanes within existing facilities. They also questioned how to 
apply the 5 percent minimum requirement where a bowling facility has 
multiple lanes.
    Response. As previously indicated, these guidelines apply to newly 
constructed and altered facilities. When a bowling facility is altered, 
the provisions of 15.7.2 will apply to the lane that is undergoing an 
alteration and does not require all other lanes to be modified unless 
required by ADAAG 4.1.6 (Path of Travel). Other obligations related to 
existing facilities covered by titles II and III of the ADA are 
addressed in the Department of Justice regulations.
    Where the required number of accessible elements to be provided is 
determined by calculations of ratios or percentages and remainders or 
fractions result, the next greater whole number of such elements should 
be provided. For example, if 18 lanes of one type are provided, one 
lane would be required to be accessible in new construction. If 24 
bowling lanes of one type are provided in new construction, a minimum 
of two accessible bowling lanes would be required in new construction.
    Comment. The Bowlers Proprietors Association also expressed concern 
about the number of accessible bowling lanes required in those 
facilities where different types of bowling is provided. They were also 
concerned about facilities that provide both ten pin and duck pin 
bowling. They believed that a 5 percent requirement for both types was 
excessive and recommended that the requirement be limited to the type 
that is dominant within a given facility. Further, the Bowlers 
Proprietors Association questioned what made a bowling lane accessible.
    Response. In facilities where both ten pin and duck pin bowling are 
provided, the 5 percent requirement for each type will typically result 
in one of each type of lane being accessible.
    The final rule does not include any further technical provisions 
for bowling lanes required to be accessible. Like other areas of sport 
activity, the requirement is for an accessible route to connect to the 
area of sport activity, in this case, the bowling lane. Specific 
exemptions to ADAAG 4.4 (protruding objects) and 4.5 (surfacing 
requirements) are applied within the area of sport activity. Therefore, 
bowling lanes which are necessarily waxed to allow the ball to travel, 
are not required to be slip resistant.

Section 15.7.4  Shooting Facilities

    This section requires that where fixed firing positions are 
provided at a site, at least 5 percent, but not less than one, of each 
type of firing position must be accessible.
    Comment. A few commenters questioned why the Board did not require 
an accessible route to the target areas as well as the fixed firing 
positions. Commenters also questioned the application of this section 
to trap and skeet facilities where the facilities are not entirely 
fixed. Others questioned what factors should be considered in 
determining the different types of firing positions.
    Response. The Board has not included a requirement for an 
accessible route to the target areas since targets are often moveable, 
making it difficult to locate the accessible route effectively. There 
is also difficulty in defining what is considered the ``target'' area. 
Where facilities contain a combination of fixed and non-fixed elements, 
operators should consider the general nondiscrimination requirements of 
the ADA. Direction on these and other issues related to the use of 
shooting facilities should be obtained from the Department of Justice. 
Factors to be considered in determining the types of fixed firing 
positions include whether covering and lighting is provided, and which 
shooting events the fixed firing position is intended to support.

Section 15.7.4.1  Fixed Firing Positions

    This section requires that accessible fixed firing positions 
contain a 60 inch diameter space and have a slope not steeper than 
1:48. No substantive comments were received and no changes have been 
made to this provision in the final rule.

Section 15.8  Swimming Pools, Wading Pools, and Spas

Section 3.5  Definitions

    The final rule provides a definition for a catch pool which is 
defined as a pool used as a terminus for water slide flumes.
    Comment. The proposed rule did not define the term catch pool. 
Commenters requested that catch pools be exempt since access is not 
required for water slides.
    Response. The term ``catch pool'' is added to the final rule since 
it is used in an exception in the final rule. Exception 3 to section 
15.8.1 exempts catch pools from complying with the requirements of this 
section, provided that an accessible route connects to the catch pool 
edge.

Section 15.8.1  General

    This section requires newly designed or newly constructed and 
altered swimming pools, wading pools, and spas to comply with 15.8. An 
exception has been added to the final rule that provides that an 
accessible route is not required to serve raised diving boards or 
diving platforms provided that an accessible route is provided to the 
base of the raised diving board or platform.

Section 15.8.2  Swimming Pools

    This section requires that at least two means of entry be provided 
for each public or common use swimming pool. A sloped entry or lift 
must be one of the primary means of access. The secondary means of 
access could include a pool lift, sloped entry, transfer wall, transfer 
system, or pool stairs.
    Comment. The proposed rule permitted a moveable floor as a 
secondary means of entry. Commenters stated that even though moveable 
floors may have some practical applications they do not provide 
independent access and often place a person with a disability on 
display while the pool is evacuated and the floor raised to provide 
access. Additionally, commenters raised concerns regarding the removal 
of handrails and other means of egress prior to lifting the pool floor.
    Response. The option of using a moveable floor as a secondary means 
of accessible entry in public or common use swimming pools has been 
deleted from the final rule.
    The Board has also deleted the requirement that the second means of 
access not duplicate the first means of

[[Page 56378]]

access in larger pools in the final rule. This should give designers 
additional flexibility in choosing between the various means of access. 
An appendix note recommends that where two means of access into the 
water are provided, different means are recommended.

Exception 1  Small Pools With Less Than 300 Linear Feet of Pool Wall

    Exception 1 permits public or common use swimming pools with less 
than 300 linear feet of pool wall to only provide one accessible means 
of entry by either a swimming pool lift or a sloped entry.
    Comment. A commenter suggested that Exception 1 should be modified 
to refer to pool wall that is available for entry into the pool. They 
explained that pool walls at diving areas and pool decks where there is 
no available pool entry because of landscaping or adjacent structures 
should not be counted when determining the number of accessible means 
of entry required.
    Response. Exception 1 is intended to provide small pools with 
relief from providing more than one accessible means of entry. It was 
not intended for large pools that could limit the locations of entry 
with landscaping or other structures from requiring additional 
accessible means of entry.

Exception 2  Pools Where Access Is Limited to One Area

    Exception 2 has been added to the final rule and permits wave 
action pools, leisure rivers, sand bottom pools, and other pools where 
user access is limited to only one area, to provide one accessible 
means of entry by either a swimming pool lift, sloped entry, or a 
transfer system.
    Comment. Commenters from speciality pool operators and leisure 
river designers expressed concerns for safety, where there is wave 
action or moving water, when providing additional accessible means of 
entry in these unique water environments. Wave action pools typically 
provide a large area of zero grade entry, where everyone enters the 
water. Providing an accessible means of entry along the high walls 
could be very dangerous. Leisure rivers are constructed to provide a 
safe area where staff can assist individuals into the current at one 
location to control access to and from the moving water.
    Response. In response to the safety concerns provided by designers 
and operators of these moving water experiences, only one accessible 
means of entry is required in the final rule, when user access is 
limited to one area.

Exception 3  Catch Pools

    Exception 3 exempts catch pools from these requirements, provided 
that an accessible route connects to the catch pool edge.
    Comment. The proposed rule did not include any specific 
requirements for access to water slides. Comments on the proposed rule 
and the draft final rule supported not requiring access to the top of 
water slides.
    Response. An exception has been added to the final rule exempting 
water slides from accessibility. See ADAAG 4.1.1 (5) (b) (v). To be 
consistent with the water slide exception, the final rule also exempts 
the catch pool at the discharge area of a water slide from providing an 
accessible means of entry or exit from the catch pool, provided that an 
accessible route connects to the catch pool edge.

Section 15.8.3  Wading Pools

    This section requires at least one accessible means of entry into 
each wading pool. The means of entry must be a sloped entry.
    Comment. The proposed rule required the means of entry into wading 
pools to be either a sloped entry, transfer wall, or a transfer system. 
The proposed rule also sought comment on the appropriateness of 
providing a transfer wall or other transfer system as a means of access 
into a wading pool. Several commenters expressed concern about the 
potential dangers to children that may use the transfer walls or 
systems inappropriately for play or diving.
    Response. The final rule limits the accessible means of entry into 
a wading pool to a sloped entry only. Examination of the different 
means of access into wading pools found zero grade entry to be the most 
appropriate and currently most provided means of entry.

Section 15.8.4  Spas

    This section requires at least one accessible means of entry into 
spas. The means of entry must be a pool lift, transfer wall, or 
transfer system. An exception allows for five percent, but not less 
than one spa, where spas are provided in a cluster, to be accessible. 
No substantive comment was received and no changes have been made to 
this section in the final rule.

Section 15.8.5  Pool Lifts

    This section provides the technical requirements for pool lifts.

Section 15.8.5.1  Pool Lift Location

    This provision requires pool lifts to be located where the water 
level does not exceed 48 inches.
    Comment. The proposed rule did not specify the location of a pool 
lift. Commenters with disabilities and individuals who work in 
environments where people with disabilities use pool lifts expressed 
concern that pool lifts may be placed in areas where the water depth 
would not permit assistance in the water if needed. Comments on the 
draft final rule supported the requirement for a pool lift to be 
located in a water depth of 48 inches or less whenever possible. 
Commenters also gave examples of when the location of a pool lift 
should be allowed in an area where the water depth is greater than 48 
inches.
    Response. The final rule requires a pool lift to be located where 
the water level does not exceed 48 inches. Two exceptions have been 
added to the final rule in response to comments received. Exception 1 
permits the use of pool lifts at any location where the entire pool has 
a depth greater than 48 inches. Exception 2 permits pools with multiple 
pool lift locations to provide at least one where the water depth does 
not exceed 48 inches.

Section 15.8.5.2  Seat Location

    This section requires the centerline of the seat, when in the 
raised position, to be located over the deck and 16 inches minimum from 
the edge of the pool. Additionally, the deck surface between the 
centerline of the seat and the pool edge must not have a slope greater 
than 1:48.
    Comment. The proposed rule required the centerline of the seat, 
when in the raised position, to be located over the deck and 20 inches 
minimum from the pool edge. Comments from lift manufacturers expressed 
concern about the 20 inch minimum distance. They elaborated on the 
difficulties associated with providing a lift that places the user away 
from the pivot point of the lift a distance of 20 inches. Additionally, 
they commented that aquatic lifts with the centerline of the seat at 
least 20 inches away from the pool edge may not clear the footrest over 
the curbing or pool edge provided on some pools.
    Response. Based on the concerns of commenters, the distance 
measured from the centerline of the lift seat to the edge of the pool 
has been reduced from 20 inches to 16 inches minimum. The location of 
the seat in relation to the edge of the pool is especially important to 
facilitate safe transfers. The Board is concerned about locating the 
seat either over the water or too close to the deck edge for safety 
reasons. This provision has been modified to address design limitations 
and incorporate the

[[Page 56379]]

maximum distance from the pool edge to ensure safety.

Section 15.8.5.3  Clear Deck Space

    This section requires a clear deck space on the side of the seat 
opposite the water and parallel with the seat. The space is required to 
be 36 inches wide minimum and to extend forward 48 inches minimum from 
a line located 12 inches behind the rear edge of the seat. The clear 
space is specified in relationship to the seat to allow unobstructed 
space for either side or diagonal transfer. Additionally, the clear 
deck space must have a slope not greater than 1:48.
    Comment. The proposed rule required the clear deck space to be a 
minimum of 30 inches wide. Commenters requested additional space to 
permit greater flexibility for transfer position preferences and the 
varied abilities of persons requiring the use of a pool lift. 
Commenters expressed a preference that the clear deck space should be 
required to provide a level surface from which to transfer from a 
mobility device to the lift seat.
    Response. The final rule increases the clear deck space required on 
the side of the seat opposite the water to be a width of 36 inches 
minimum and that the clear deck space provide a surface with a slope 
not greater than 1:48. The additional space will facilitate the 
maneuvering that may be needed by a person using a mobility device 
preparing for a transfer to the seat of a pool lift.

Section 15.8.5.4  Seat Height

    This section requires the height of a lift seat to be designed to 
allow a stop at 16 inches minimum to 19 inches maximum measured from 
the deck to the top of the seat surface when the seat is in the raised 
(load) position.
    Comment. The proposed rule required the height of the lift seat to 
be 16 inches minimum to 18 inches maximum. Commenters requested a 
greater range of seat heights to transfer to or from when the lift is 
in the up position. They suggested a seat height that could accommodate 
the needs of users of all ages and abilities would be more beneficial.
    Response. Information obtained from the Board sponsored research 
project supported the height requirement of a lift seat while in the 
upper load position to be at a height between 16 and 18 inches from the 
deck surface. In response to the comments received, the final rule 
departs slightly from the proposed rule, by permitting the lift seat to 
make a stop at the 16 to 19 inch height above the deck surface. The 
lift could provide additional stops at various heights provided that a 
stop is provided between 16 and 19 inches above the surface of the 
deck.

Section 15.8.5.5  Seat Width

    This section requires a lift seat to be 16 inches wide minimum. No 
substantive comment was received and no changes have been made to this 
section in the final rule.
    Comment. The proposed rule sought information on the different 
types of seats that are available on pool lifts and whether a specific 
type should be required in the final rule. Commenters did not provide a 
consensus on either the type of pool lift seat or the type of materials 
preferred by pool lift users.
    Response. The final rule does not specify the type of material or 
the type of seat to be provided by a pool lift. Persons with 
disabilities involved in the Board sponsored research project expressed 
interest in all types of seats. An appendix note provides additional 
information on pool lift seats.

Section 15.8.5.6  Footrests and Armrests

    This section requires footrests to be provided and that they move 
in conjunction with the seat. Additionally, this provision requires 
that, if provided, the armrest opposite the water be removable or fold 
clear of the seat when the seat is in the raised (load) position.
    Comment. The proposed rule requested information on the 
appropriateness of requiring armrests on pool lifts and on their size 
and location. Commenters supported requirements based on their own 
personal needs with no consistent guidance on the location or size of 
armrests on a pool lift. One commenter questioned the appropriateness 
of providing a footrest on a lift for entry into a spa due to the water 
depth in some smaller spas.
    Response. An exception has been added that provides that footrests 
are not required on pool lifts that provide an accessible means of 
entry into a spa. An appendix note encourages the use of a footrest in 
larger spas where possible and some type of retractable leg support is 
recommended for pool lifts used in all spas.

Section 15.8.5.7  Operation

    This section requires that a pool lift be capable of unassisted 
operation from both the deck and water levels. This section also 
requires that controls and operating mechanisms be unobstructed when a 
lift is in use and comply with ADAAG 4.27.4. That section requires that 
operating controls not require tight grasping, pinching, or twisting of 
the wrist or more than 5 pounds of pressure to operate.
    Comment. The proposed rule required that the lift controls and 
operating mechanisms may not require continuous manual pressure for 
operation. Commenters with disabilities supported the requirement of 
unassisted operation from both the deck and water levels. They reported 
the difficulty in finding the responsible person when lifts require 
assistance, especially in environments where pools are not routinely 
staffed. Commenters expressed concerns about getting out of the water, 
if assistance is required, especially where the pool is not staffed. 
Someone could be stranded in the water for extended periods of time 
awaiting assistance. Commenters suggested that pool lifts that require 
continuous manual pressure give the user greater control of their 
descent into the water and ascent back to the deck. Concern was 
expressed by a manufacturer of pool lifts that providing unassisted 
operation encourages individuals to swim alone and the potential 
dangers of causing injury are greatly increased when using an automatic 
lift without assistance.
    Response. A large percentage of the respondents in the Board 
sponsored research project noted the importance of using a lift without 
assistance. Pool facility staff also indicated the importance of a 
device or design that could be used without pool staff assistance. 
While this provision requires the lift to be independently operable it 
does not preclude assistance from being provided. The final rule 
removes the requirement that pool lifts may not require continuous 
manual pressure for operation.
    Comment. A few commenters expressed safety concerns where pool 
lifts are provided in pools that are unattended.
    Response. Pool lifts have been commercially available for over 20 
years. While the Board recognizes that inappropriate use of pool lifts 
may result in accident or injury, the Board is not aware of any 
incidents of injury or accidents involving pool lifts. The Board is 
also not aware of any evidence that shows that pool lifts are any less 
safe than other components of a pool facility, such as other means of 
pool entry, when they are used inappropriately. Manufacturers are also 
incorporating features which are intended to discourage inappropriate 
use, such as fold-up seats and covers.

Section 15.8.5.8  Submerged Depth

    This section requires that a pool lift be designed so that the seat 
will

[[Page 56380]]

submerge to a water depth of 18 inches minimum. This depth is necessary 
to ensure buoyancy for the person on the lift seat once in the water. 
No substantive comment was received and no changes have been made to 
this section for the final rule.

Section 15.8.5.9  Lifting Capacity

    This section requires that single person pool lifts provide a 
minimum weight capacity of 300 pounds. Lifts also must be capable of 
sustaining a static load of at least one and a half times the rated 
load.
    Comment. The proposed rule required pool lifts to provide a minimum 
weight capacity of 300 pounds and be capable of sustaining a static 
load of at least three times the rated load. Several pool lift 
manufacturers supported the minimum weight requirement of 300 pounds. 
They questioned requiring a static load of three times the weight 
limit. They believed it was too excessive and would eliminate viable 
lifts from being provided. A commenter suggested that the static load 
requirement reference an international standard for lifts that require 
a static load of 1.6 times the weight capacity.
    Response. The static load requirement has been reduced to one and a 
half times the weight capacity requirement.

Section 15.8.6  Sloped Entries

    This section provides technical requirements for sloped entries 
designed to provide access into the water. Due to the similarities of 
this type of entry with ramps used in other buildings and facilities, 
existing ADAAG requirements have been referenced accordingly.

Section 15.8.6.1  Sloped Entries

    This section requires sloped entries to comply with ADAAG 4.3 
(Accessible Route), except for slip resistance.
    Comment. Commenters questioned the ability of providing a slip 
resistant surface on a sloped entry that is under water.
    Response. The final rule provides an exception for sloped entries 
from being slip resistant.

Section 15.8.6.2  Submerged Depth

    This section requires sloped entries to extend to a depth of 24 to 
30 inches below the stationary water level. This section also requires 
that where landings are required by ADAAG 4.8, at least one landing 
must be located between 24 and 30 inches below the stationary water 
level. Since wading pools are typically less than 24 to 30 inches deep, 
an exception provides that sloped entries are only required to extend 
to the deepest part of a wading pool. No substantive comment was 
received and no changes have been made to this section in the final 
rule.

Section 15.8.6.3  Handrails

    This section requires handrails that comply with ADAAG 4.8.5 on 
both sides of all sloped entries. The clear width between handrails 
must be between 33 and 38 inches. Exception 1 does not require handrail 
extensions to be provided at the bottom of a landing serving a sloped 
entry. Exception 2 does not require the clear width between handrails 
where a sloped entry is provided for wave action pools, leisure rivers, 
sand bottom pools, and other pools where user access is limited to one 
area. Exception 3 exempts sloped entries in wading pools from providing 
handrails.
    Comment. The proposed rule did not specifically address handrails 
in wading pools. Commenters expressed great concern about the potential 
dangers from children using handrails to play on or jump into the 
shallow water or the risk to other children in the wading pool.
    Response. The Board is concerned about the potential dangers to 
children using handrails inappropriately. Exception 3 has been added to 
the final rule exempting wading pools from providing handrails.

Section 15.8.7  Transfer Walls

    This section provides technical requirements for transfer walls.

Section 15.8.7.1  Clear Deck Space

    This section requires clear deck space of 60 inches by 60 inches 
minimum with a slope not steeper than 1:48 to be provided at the base 
of a transfer wall. Where one grab bar is provided on a transfer wall, 
the clear deck space must be centered on the grab bar. This allows 
sufficient space for a transfer on either side of the grab bar. Where 
two grab bars are provided, the clear deck space must be centered on 
the clearance between the grab bars. No substantive comment was 
received and no changes have been made to this section for the final 
rule.

Section 15.8.7.2  Height

    This section requires the height of transfer walls to be 16 to 19 
inches measured from the deck below. The height requirement is 
consistent with pool lift seat heights and similarly addresses the 
needs of some children. The maximum height above the deck has been 
changed to 19 inches to be consistent with other transfer heights in 
ADAAG.

Section 15.8.7.3  Wall Depth and Length

    This section requires the depth of a transfer wall to be 12 to 16 
inches. As a minimum, the 12 inch depth of the transfer wall provides 
adequate space for a person to comfortably sit on the surface of the 
wall. The wall depth is limited to 16 inches maximum so that users are 
not required to traverse the wall to transfer to the water. The length 
of the transfer wall must be 60 inches minimum and must be centered on 
the clear deck space.

Section 15.8.7.4  Surface

    This section requires that the surface of a transfer wall must not 
be sharp and must have rounded edges. Commenters overwhelmingly 
supported this section and no changes have been made to this section 
for the final rule.

Section 15.8.7.5  Grab Bars

    This section requires at least one grab bar to be provided on a 
transfer wall. Grab bars are required to be perpendicular to the pool 
wall and extend the full depth of the wall. The top of the gripping 
surface must be 4 to 6 inches above the wall. Where two grab bars are 
provided, clearance between grab bars must be 24 inches minimum. Where 
one grab bar is provided, clearance must be 24 inches minimum on both 
sides of the grab bar. Grab bars must comply with ADAAG 4.26.
    Comment. The proposed rule required the top of the gripping surface 
to be a maximum of 4 inches above the wall. Commenters expressed 
concern that 4 inches maximum above the wall surface, after factoring 
in the diameter of the grab bar, would not provide sufficient gripping 
space for persons transferring.
    Response. The final rule provides a range from 4 to 6 inches above 
the wall to the top of the gripping surface. The range will provide 
greater flexibility and incorporate the diameter of the grab bar in 
providing users of all ages and abilities with an appropriate gripping 
surface.

Section 15.8.8  Transfer Systems

    This section provides technical requirements for transfer systems 
used as a means of access into the water. A transfer system consists of 
a transfer platform, combined with a series of transfer steps that 
descend into the water. Users must transfer from their wheelchair or 
mobility device to the transfer platform and continue transferring from 
step to step.

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Section 15.8.8.1  Transfer Platform

    This section requires a transfer platform to be 19 inches deep by 
24 inches wide. Transfer platforms must be provided at the head of each 
transfer system. No substantive comment was received and no changes 
have been made to this section for the final rule.

Section 15.8.8.2  Clear Deck Space

    This section requires a clear deck space of 60 by 60 inches minimum 
with a slope not steeper than 1:48 at the base of the transfer 
platform. A level unobstructed space at the base of the transfer 
platform, centered along the 24 inch side, is necessary to facilitate a 
transfer from a wheelchair or mobility device. No substantive comment 
was received and no changes have been made to this section for the 
final rule.

Section 15.8.8.3  Height

    This section requires the height of transfer platforms to be 16 to 
19 inches measured from the deck. No substantive comment was received 
and no changes have been made to this section for the final rule.

Section 15.8.8.4  Transfer Steps

    This section requires transfer steps to be 8 inches maximum in 
height. It also requires that transfer steps extend to a water depth of 
18 inches minimum.
    Comment. The proposed rule required transfer steps to be 7 inches 
maximum in height. Commenters questioned the inconsistences between the 
transfer step height of 8 inches required on a play area transfer step 
(15.6.5.2.2) to that provided in an aquatic setting.
    Response. The final rule has been changed to require an 8 inch 
maximum step height in aquatic settings to be consistent with the play 
areas transfer step (15.6.5.2.2). An appendix note has been included 
recommending the height of the transfer step be minimized whenever 
possible.

Section 15.8.8.5  Surface

    This section requires that the surface of a transfer system must 
not be sharp and provide rounded edges. Similar to other transfer 
surfaces, this is necessary to reduce the potential for injury. No 
substantive comment was received and no changes have been made to this 
section in the final rule.

Section 15.8.8.6  Size

    This section requires each transfer step to have a tread depth of 
14 to 17 inches and a minimum tread width of 24 inches.
    Comment. The proposed rule required a range for the transfer step 
depth from 12 to 17 inches and a tread width of 22 inches minimum. 
Commenters pointed out the inconsistencies between the size of the 
transfer step in the play areas final rule (15.6.5.2.1) and for 
swimming pools.
    Response. In an effort to provide uniformity between the play areas 
transfer steps and those located at swimming pools, the final rule 
modifies the transfer step to incorporate a range of 14 to 17 inches in 
depth and a minimum width of 24 inches.

Section 15.8.8.7  Grab Bars

    This section requires one grab bar to be provided on each step and 
the transfer platform, or a continuous grab bar serving each transfer 
step and the transfer platform. Where provided on each step, the top of 
the gripping surface must be 4 to 6 inches above each step. Where a 
continuous grab bar is provided, the top of the gripping surface must 
be 4 to 6 inches above the step nosing. Grab bars must comply with 
ADAAG 4.26 and be located on at least one side of the transfer system. 
The grab bar located at the transfer platform must not obstruct 
transfer.
    Comment. As previously discussed in section 15.8.7.5, the proposed 
rule required the top of the gripping surface to be 4 inches above the 
wall. Commenters expressed concern that 4 inches above the wall 
surface, after factoring in the diameter of the grab bar, would not 
provide sufficient space for persons transferring.
    Response. The final rule requires the top of the gripping surface 
to be 4 to 6 inches above the wall. It is believed that the range will 
provide greater flexibility to users of all ages and abilities with an 
appropriate gripping surface.

Section 15.8.9  Pool Stairs

    This section provides technical requirements for pool stairs used 
as a means of entry and exit to the water.

Section 15.8.9.1  Pool Stairs

    This section requires pool stairs to comply with ADAAG 4.9 
(Stairs), except as modified. ADAAG 4.9 has been referenced since 
stairs in pools are used in a similar manner as stairs elsewhere. No 
substantive comment was received and no changes have been made to this 
section in the final rule.

Section 15.8.9.2  Handrails

    This section requires the width between handrails to be 20 to 24 
inches. To reduce the potential for underwater protrusions, handrail 
extensions are not required at the bottom landing serving a pool stair.
    Comment. The proposed rule required a 22 inch maximum width between 
handrails on pool stairs. Commenters expressed concern that a maximum 
distance of 22 inches may be too close for people that are large in 
size. Commenters with mobility impairments supported the handrail 
distance of 22 inches for providing the needed support while entering a 
pool by stairs.
    Response. The final rule increases the maximum width between 
handrails to 24 inches. Separating the handrails more than 24 inches 
apart would make them too far apart for a larger class of people that 
require the support on pool stairs.

Section 15.8.10  Water Play Components

    This section requires that where water play components are 
provided, the provisions of 15.6 (Play Areas) and ADAAG 4.3 apply, 
except where modified by this section.
    Comment. The proposed rule sought comment on specific features 
within aquatic recreation facilities where it may be technically 
infeasible in new construction to comply with the proposed requirements 
in 15.8. Manufacturers and designers of water play components expressed 
concerns about having to provide ramp access to elevated play 
structures in standing water. Many of these components are at 
considerable distances from the top of the water surface and ramping 
would be very challenging and costly. Commenters with disabilities or 
individuals representing individuals with disabilities expressed a 
great desire to have access to these unique water experiences.
    Response. The final rule requires that where water play components 
are provided, they must comply with 15.6 (Play Areas) and ADAAG 4.3, 
except as modified or otherwise provided in this section. The final 
rule is responsive to manufacturers and designers by providing an 
exception to providing ramp access, while providing persons with 
disabilities the opportunity to enjoy this unique family oriented water 
experience with their family and friends. Exception 1 exempts 
accessible routes, clear floor spaces, and maneuvering spaces that are 
submerged from the requirements for cross slope, running slope, and 
surface. Exception 2 permits transfer systems to be used in lieu of 
ramps to connect elevated play components.

Regulatory Process Matters

Executive Order 12866: Regulatory Planning and Review

    This final rule is a significant regulatory action under Executive 
Order

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12866 and has been reviewed by the Office of Management and Budget. The 
Board has assessed the benefits and costs of the rule. The assessment 
has been placed in the public docket and is available for inspection. 
The assessment is also available on the Board's Internet site (http://
www.access-board.gov). The assessment is summarized below:
Benefits
    The benefits of the final rule are not quantifiable, but are 
significant and are consistent with the President's New Freedom 
Initiative. The primary benefit is the fulfillment of civil rights 
realized by individuals with disabilities. There are 52.5 million 
Americans with disabilities. Almost one in five adults has some type of 
disability. Among individuals 15 years old and over, 25 million have 
difficulty walking or using stairs. The final guidelines will result in 
newly constructed and altered recreation facilities that are accessible 
to individuals with disabilities and will enable them to participate in 
a wide range of recreational opportunities. Individuals with 
disabilities can also realize significant health benefits by 
participating in the range of recreational opportunities made 
accessible as a result of the final guidelines.
Costs
    For each type of facility addressed by the final rule, the 
assessment estimates the number of existing facilities and new 
facilities constructed annually, identifies the requirements that have 
cost impacts for new construction and alterations, estimates the unit 
costs per facility, and calculates the total annual compliance costs. 
The number of small entities is reported as a percentage of the 
facilities. To estimate cost impacts, the assessment relies on 
assumptions where sufficient data is not available. The assumptions are 
based on interviews with professionals in the affected industries and 
are disclosed in the assessment. The assumptions cannot be validated 
and may not reflect the real world. The assumptions may result in under 
or overestimating the impacts of the final rule. The relevant data for 
each facility type is presented below.
Amusement Rides
    Existing Facilities: 377 amusement parks.
    New Construction: 4 new amusement parks per year.
    Small Entities: 81 percent of amusement parks.
    New Amusement Rides: 343 new rides per year; 68 will be platform 
type rides with stepped entrances.
    New Construction Impacts: New platform type rides with stepped 
entrances will need a ramp ($4,000 to $6,700 unit cost) or a platform 
lift ($12,000 to $15,000 unit cost) to provide an accessible route to 
the load and unload area; and additional space ($1,175 unit cost) in 
the load and unload area to provide wheelchair turning space and 
wheelchair storage space if a ride seat designed for transfer or 
transfer device is provided. For purposes of estimating the costs of 
providing access to new rides, the assessment assumes that a transfer 
device ($5,000 unit cost) would be provided for all new rides. New 
rides will need a sign ($100 unit cost) at the entrance of the queue or 
waiting line indicating the type of access provided (e.g., wheelchair 
access or transfer access).
    Alterations Impacts: Minimal.
    Total Annual Compliance Costs: $2.5 million.
Boating Facilities
    Existing Facilities: 12,000 marinas; no data on boat launch ramps.
    New Construction: 240 new marinas per year.
    Alterations: 600 existing marinas per year.
    Small Entities: 99 percent of marinas.
    New Construction Impacts: Gangways that are part of an accessible 
route will need to provide a 1:12 maximum slope or a gangway at least 
80 feet long. The unit cost will be site specific. The assessment 
assumes unit costs will range from $15,000 to $35,000 where the maximum 
vertical level change is more than 2.5 feet, but less than 10 feet; and 
$33,000 to $45,000 where the maximum vertical level change is more than 
10 feet. The impacts on new accessible boat slips and new accessible 
boarding piers at new boat launch ramps will be minimal.
    Alterations Impacts: Alterations to existing boat slips are a 
primary function area and may trigger provision of an accessible route, 
unless the additional cost is disproportionate to the overall costs of 
the alterations or compliance is technically infeasible. The impacts on 
altered boat slips will be minimal.
    Total Annual Compliance Costs: $10.8 million to $18.0 million.
Fishing Piers and Platforms
    Existing Facilities: No data.
    New Construction: No data.
    Small Entities: No data.
    New Construction Impacts: Minimal.
    Alterations Impacts: Minimal.
    Total Annual Compliance Costs: Minimal
Golf Courses
    Existing Facilities: 17,108 golf courses.
    New Construction: 377 to 524 new golf courses per year.
    Small Entities: 99 percent of golf courses.
    New Construction Impacts: Minimal.
    Alterations Impacts: Minimal.
    Total Annual Compliance Costs: Minimal.
Miniature Golf Courses
    Existing Facilities: 7,500 to 10,000 miniature golf courses.
    New Construction: 150 new custom design and 170 new modular 
miniature golf courses per year.
    Small Entities: 100 percent of miniature golf courses.
    New Construction Impacts: The assessment discusses potential 
impacts on new custom design courses (low profile courses, challenge 
courses, and adventure style courses) and new modular courses (indoor 
courses and outdoor courses). The impacts on new custom design low 
profile courses will be minimal. For purposes of estimating the costs 
for making at least 50 percent of the holes on the other custom design 
courses accessible, the assessment assumes a 10 percent increase in 
construction costs for new challenge type courses, and a 25 percent 
increase for new adventure style courses. New indoor modular courses 
may need to lease additional space to provide an accessible route for 
at least 50 percent of the holes, and new outdoor modular courses that 
are not recessed in the ground will have to provide an accessible route 
for at least 50 percent of the holes. The assessment assumes the 
additional cost for new modular courses will $5,000 per course.
    Alterations Impacts: Minimal.
    Total Annual Compliance Costs: $5.4 million.
Exercise Equipment, Bowling Lanes, and Shooting Facilities
    Existing Facilities: 17,531 physical fitness facilities; 5,500 
bowling centers; and 10,000 shooting facilities. No data on other 
facilities that provide exercise equipment.
    New Construction: 800 to 1,000 new physical fitness facilities; 25 
new bowling centers; and 100 new shooting facilities per year.
    Small Entities: 99 percent of physical fitness facilities; and 100 
percent of bowling centers and shooting facilities.
    New Construction Impacts: Minimal.
    Alterations Impacts: Minimal.
    Total Annual Compliance Costs: Minimal.

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Swimming Pools, Wading Pools, and Spas
    Existing Facilities: 124,577 pools; no data on spas.
    New Construction: 1,245 new pools per year; 565 new spas per year. 
The assessment assumes 715 new pools per year have less than 300 linear 
feet of pool wall and will need at least one means of accessible entry 
into the pool.
    Small Entities: Ranges from 15 percent for private hospitals to 100 
percent for camps and recreational vehicle parks.
    New Construction Impacts: For new pools with less than 300 linear 
feet of pool wall, the assessment assumes that a pool lift will be 
provided ($4,000 unit cost). For pools with 300 linear feet or more of 
pool wall, the assessment assumes 250 of these new pools per year will 
provide an accessible means of entry in the absence of the final rule 
and will add a pool lift ($4,000 unit cost). The assessment assumes the 
other new pools with 300 linear feet or more of pool wall will provide 
a pool lift ($4,000 unit cost) and pool stairs ($2,500 unit cost). The 
impacts on wading pools will be minimal. The assessment assumes new 
spas will provide a pool lift ($4,000 unit cost).
    Alterations Impacts: Minimal.
    Total Annual Compliance Costs: $8.0 million.

Regulatory Flexibility Act

    The final regulatory flexibility analysis has been performed in 
conjunction with the assessment of the benefits and costs of the final 
rule required by Executive Order 12866 and the preparation of the 
preamble for the final rule. The analysis is summarized below.
Need for and Objectives of Guidelines
    The Access Board is required to issue accessibility guidelines 
under the Americans with Disabilities Act (ADA) to ensure that new 
construction and alterations of facilities covered by the law are 
readily accessible to and usable by individuals with disabilities. 
Recreation facilities are among the facilities covered by the ADA. 
Recreation facilities have unique features that are not adequately 
addressed by the Americans with Disabilities Act Accessibility 
Guidelines (ADAAG). The final rule will amend ADAAG to provide 
supplemental guidelines for making recreation facilities accessible.
Significant Issues Raised During Public Comment Period
    The significant comments raised during the public comment period 
are summarized in the preamble to the final rule, along with the Access 
Board's assessment of the comments and the reason for selecting the 
alternative adopted in the final rule. The alternatives considered in 
the proposed rule and the final rule, and changes made from the 
proposed rule for each type of recreation facility are presented in the 
assessment of the benefits and costs of the final rule required by 
Executive Order 12866.
Numbers of Small Entities Affected by Final Rule
    The numbers of small entities affected by the final rule are 
reported under the summary of the assessment of the benefits and costs 
of the final rule required by Executive Order 12866.
Reporting and Recordkeeping Requirements
    There are no reporting and recordkeeping requirements.
Steps Taken To Minimize Significant Economic Impact on Small Entities
    The Access Board has taken steps to minimize the significant 
economic impact on small entities for each of the different types of 
recreation facilities addressed in the final rule. These steps are 
listed below.
     Amusement Rides--The final rule allows designers and 
operators of new amusement rides the choice of providing at least one 
wheelchair space, or an amusement ride seat designed for transfer, or a 
transfer device. The final rule limits application of the guidelines to 
existing rides that are altered. The final rule also allows designers 
and operators greater flexibility in applying ADAAG to amusement rides.
     Boating Facilities--The final rule permits gangways that 
are part of an accessible route to exceed the 1:12 maximum slope 
requirement for ramps where the total length of the gangways is at 
least 80 feet (30 feet for smaller facilities with fewer than 25 boat 
slips). The final rule reduces the number of boat slips required to be 
accessible in new construction, and modifies the requirements for 
accessible boat slips in alterations so no more than one boat slip is 
lost. The final rule also allows designers and operators greater 
flexibility in applying ADAAG to boating facilities.
     Fishing Piers and Platforms--The final rule permits 
gangways that are part of an accessible route to exceed the maximum 
1:12 requirement for ramps where the total length of the gangways is at 
least 30 feet. The final rule also exempts guards that comply with 
certain sections of the International Building Code from the maximum 34 
inch height requirement.
     Golf Courses--The final rule permits a golf car passage to 
be provided on golf courses and driving ranges, instead of an 
accessible route.
     Miniature Golf Courses--The final rule requires at least 
50 percent of holes on miniature golf courses to be accessible, and 
permits one break in the sequence of accessible holes provided the last 
hole in the sequence is the last hole on the course. The final rule 
also allows designers and operators greater flexibility in applying 
ADAAG to miniature golf courses.
     Swimming Pools, Wading Pools, and Spas--The final rule 
permits small pools with less than 300 linear feet of pool wall to 
provide at least one means of access into the water, and permits water 
play components to use transfer systems to connect elevated water play 
components.
Technical Assistance
    The Access Board will provide technical assistance materials to 
help small entities understand the accessibility guidelines for 
recreation facilities. The Access Board also operates a toll-free 
technical assistance service to answer questions from the public about 
the guidelines.

Executive Order 13132: Federalism

    The final rule adheres to the fundamental federalism principles and 
policy making criteria in Executive Order 13132. The final rule 
implements Federal civil rights legislation that was enacted pursuant 
to the Congress' authority to enforce the fourteenth amendment and to 
regulate commerce. Ensuring the civil rights of groups who have 
experienced irrational discrimination has long been recognized as a 
national issue and a proper function of the Federal government. The ADA 
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 ADA 
recognizes the authority of State and local governments to enact and 
enforce laws that ``provide greater or equal protection for the rights 
of individuals with disabilities than are afforded by this chapter.'' 
42 U.S.C. 12201(b). The final rule establishes minimum guidelines. 
States and local governments can adopt accessibility standards that 
provide individuals with

[[Page 56384]]

disabilities equal or greater access to recreation facilities.
    The Access Board has consulted with State and local governments 
throughout the rulemaking process. The National Recreation and Park 
Association, States Organization for Boating Access, New Jersey 
Department of Community Affairs, San Francisco Department of Public 
Works, and the Hawaii Disability and Communication Access Board 
represented the interests of State and local governments on the 
Recreation Access Advisory Committee. State and local governments 
participated in the public hearings and information meetings held on 
the NPRM and the draft final rule, and submitted more than 70 comments. 
Most of the comments were centered on boating facilities. The 
California Department of Boating and Waterways, Oregon State Marine 
Board, and Michigan Department of Natural Resources were actively 
involved in providing information and alternative proposals for 
consideration during the rulemaking. Approximately 30 other State and 
local governments joined in supporting the various proposals submitted 
by those States.

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 any statutory rights that prohibit discrimination on the basis 
of race, color, sex, national origin, age, handicap, or disability. 
Since the final rule is issued under the authority of the Americans 
with Disabilities Act, an assessment of the rule's effects 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 1191

    Buildings and facilities, Civil rights, Incorporation by reference, 
Individuals with disabilities, Transportation.

Thurman M. Davis, Sr.,
Chair, Architectural and Transportation Barriers Compliance Board.

    For the reasons stated in the preamble, part 1191 of title 36 of 
the Code of Federal Regulations is amended as follows:

PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY 
GUIDELINES FOR BUILDINGS AND FACILITIES

    1. The authority citation for 36 CFR Part 1191 continues to read as 
follows:

    Authority: 42 U.S.C. 12204.


    2. Appendix A to Part 1191 is amended as follows:
    a. By revising the title page and pages i, ii, 1A, 2, 3, 4, 4A, 5 
through 11, 58A, and 76 through 81 as set forth below.
    b. By removing the blank page following the title page.
    c. By adding pages 4B, 11A, 58B, and 82 through 96 as set forth 
below.
    d. In the appendix to Appendix A by revising pages A1, A1A, A16, 
and A22 through A25 and adding pages A1B, A16A, and A26 through A32 as 
set forth below.
    The additions and revisions read as follows:

Appendix A to Part 1191--Americans With Disabilities Act (ADA) 
Accessibility Guidelines for Buildings and Facilities

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[FR Doc. 02-21805 Filed 8-30-02; 8:45 am]
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