[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Proposed Rules]
[Pages 38563-38564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10576]


=======================================================================
-----------------------------------------------------------------------

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1195

[Docket No. 2004-1]
RIN 3014-AA11


Americans With Disabilities Act (ADA) Accessibility Guidelines 
for Passenger Vessels

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Availability of draft guidelines.

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

SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) has placed in the docket and on its Web site for public 
review and comment draft guidelines which address accessibility to and 
in passenger vessels which are permitted to carry more than 150 
passengers or more than 49 overnight passengers. In addition, the draft 
addresses all ferries regardless of size and passenger capacity, and 
certain tenders which carry 60 or more passengers. Comments will be 
accepted on the draft guidelines and the Access Board will consider 
those comments prior to issuing a notice of proposed rulemaking.

DATES: Comments should be received by September 5, 2006. Comments 
received after this date will be considered to the extent practicable.

ADDRESSES: You may submit comments, identified by Docket No. 2004-1, by 
any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: board.gov">pvag@access-board.gov. Include Docket No. 2004-1 in the 
subject line of the message.
    Fax: (202) 272-0081.
    Mail or Hand Delivery: Office of Technical and Information 
Services, Architectural and Transportation Barriers Compliance Board, 
1331 F Street, NW., suite 1000, Washington, DC 20004-1111.
    Comments will be available for inspection at the above address from 
9 a.m. to 5 p.m. on regular business days.

FOR FURTHER INFORMATION CONTACT: Paul Beatty, Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-0012 (voice); (202) 272-0082 (TTY); 
Electronic mail address: board.gov">pvag@access-board.gov.

SUPPLEMENTARY INFORMATION: In 1998, the Access Board established a 21-
member Federal advisory committee to provide recommendations to assist 
the Board in developing passenger vessel accessibility guidelines. The 
committee included disability organizations, industry trade groups, 
State and local government agencies, and passenger vessel operators. 
The Passenger Vessel Access Advisory Committee (PVAAC) met nine times 
between September 1998 and September 2000 and submitted a final report 
``Recommendations for Accessibility Guidelines for Passenger Vessels'' 
to the Board in December 2000. The PVAAC report provided 
recommendations on access to elements, rooms, spaces, and facilities on 
passenger vessels and how to provide access on and off such vessels.
    The Access Board convened an ad hoc committee of Board members to 
review

[[Page 38564]]

the PVAAC report. After reviewing the PVAAC report in detail, the 
Board's ad hoc committee prepared draft guidelines addressing 
accessibility to and in passenger vessels which carry more than 150 
passengers or more than 49 overnight passengers. The Access Board made 
the recommendations of the ad hoc committee available in the form of 
draft guidelines for public review and comment. A notice of 
availability of the draft guidelines was published in the Federal 
Register (69 FR 69244; November 26, 2004). At the same time the 2004 
draft was released, the Board also published an advance notice of 
proposed rulemaking (ANPRM) on small passenger vessels (69 FR 69245; 
November 26, 2004). In addition to seeking written comment, the Board 
held public hearings in Washington, DC and Los Angeles, CA.
    Over 90 comments were received from the public in response to the 
publication of the 2004 draft and ANRPM. Key issues from the comments 
were identified for analysis. Issues regarding the 2004 draft included 
which vessels should be subject to the guidelines, coverage of employee 
areas, criteria for embarking and disembarking, high door thresholds 
(coamings), alterations, methods for swimming pool access, elevator car 
size, guest room scoping, dispersion of wheelchair spaces in assembly 
areas, and visual emergency alarms. Comments on the ANPRM ranged from 
requesting the Board to exempt small passenger vessels to recommending 
that the Board concentrate its efforts on addressing large passenger 
vessels first. Based on public comments and other information 
collected, the Board has made changes to some of the provisions in the 
2004 draft. The Board has also decided to address small passenger 
vessels after completing this rulemaking.
    To facilitate the gathering of cost data necessary for the next 
step in this rulemaking which is the preparation of a regulatory 
assessment (costs and benefits) and a Notice of Proposed Rulemaking 
(NPRM), the Board is placing this revised draft in the rulemaking 
docket. In order to develop an accurate picture of the potential costs 
and benefits of this rulemaking, the Board intends to work closely with 
passenger vessel industry representatives and others who have data on 
both current costs and industry practices and the knowledge and skills 
to assess potential effects.
    The Board is interested in receiving public comments on this entire 
second draft. Changes made in this draft from the November 26, 2004 
draft are summarized in the supplementary information provided on the 
Board's Web site (http://www.access-board.gov). In addition, the 
supplementary information discusses the changes made to the draft plan 
for conducting the regulatory assessment.

Availability of Copies and Electronic Access

    Single copies of this rulemaking 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 the 
second draft of the Passenger Vessels Guidelines. Persons using a TTY 
should call (202) 272-0082. Documents are available in alternate 
formats upon request. Persons who want a publication in an alternate 
format should specify the type of format (cassette tape, Braille, large 
print, or ASCII disk). Documents are also available on the Board's Web 
site (http://www.access-board.gov).

David L. Bibb,
Chair, Architectural and Transportation Barriers Compliance Board.
 [FR Doc. E6-10576 Filed 7-6-06; 8:45 am]
BILLING CODE 8150-01-P