[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Rules and Regulations]
[Pages 26125-26143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10162]



[[Page 26125]]

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

RIN 3014-AA39


Americans With Disabilities Act (ADA) and Architectural Barriers 
Act (ABA) Accessibility Guidelines; Emergency Transportable Housing 
Units

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Final rule.

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SUMMARY: We, the Architectural and Transportation Barriers Compliance 
Board (Access Board), are issuing a final rule that amends the 
Americans with Disabilities Act (ADA) and Architectural Barriers Act 
(ABA) Accessibility Guidelines to specifically address emergency 
transportable housing units provided to disaster survivors by entities 
subject to the ADA or ABA. The final rule ensures that the emergency 
transportable housing units are readily accessible to and usable by 
disaster survivors with disabilities. The U.S. Department of Justice 
(DOJ) is required to update its accessibility standards for the design, 
construction, and alteration of facilities (other than certain 
transportation facilities) by entities subject to the ADA to be 
consistent with the final rule. The U.S. Department of Housing and 
Urban Development (HUD) is required to update its accessibility 
standards for the design, construction, and alteration of residential 
facilities by entities subject to the ABA to be consistent with the 
final rule.

DATES: The final rule is effective June 6, 2014. Compliance is not 
required by entities subject to the ADA until DOJ updates its 
accessibility standards to be consistent with the final rule. 
Compliance is not required by entities subject to the ABA until HUD 
updates its accessibility standards to be consistent with the final 
rule.
    The incorporation by reference of certain publications listed in 
the rule was approved by the Director of the Federal Register as of 
September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Marsha Mazz, U.S. Access Board, 1331 F 
Street NW., Suite 1000, Washington, DC 20004-1111. Telephone numbers: 
(202) 272-0020 (voice) or (202) 272-0076 (TTY). Email address: 
board.gov">mazz@access-board.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

1. Executive Summary
2. Statutory and Regulatory Background
3. Federal Emergency Management Agency (FEMA)
4. Rulemaking History
5. Comments on Proposed Rule
    A. Scoping Requirements for Units With Mobility Features
    B. Scoping Requirements for Units With Communication Features
    C. Needs of Individuals With Chemical and Electrical 
Sensitivities
6. Discussion of Final Rule
7. Regulatory Analyses

    In this preamble, ``we,'' ``our'' and ``us'' refer to the 
Architectural and Transportation Barriers Compliance Board (Access 
Board).\1\
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    \1\ The Access Board is an independent federal agency 
established by section 502 of the Rehabilitation Act. See 29 U.S.C. 
792. The Access Board consists of 13 members appointed by the 
President from the public, a majority of which are individuals with 
disabilities, and the heads of 12 federal agencies or their 
designees whose positions are Executive Level IV or above. The 
federal agencies are: The Departments of Commerce, Defense, 
Education, Health and Human Services, Housing and Urban Development, 
Interior, Justice, Labor, Transportation, and Veterans Affairs; 
General Services Administration; and United States Postal Service.
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1. Executive Summary

Legal Authority and Purpose

    We are required by the Americans with Disabilities Act (ADA) and 
the Rehabilitation Act to issue guidelines for the accessibility 
standards adopted by the U.S. Department of Justice (DOJ) for the 
design, construction, and alteration of facilities (other than certain 
transportation facilities) by entities subject to the ADA.\2\ We are 
also required by the Rehabilitation Act to issue guidelines for the 
accessibility standards adopted by the U.S. Department of Housing and 
Urban Development (HUD) for the design, construction, and alteration of 
residential facilities by entities subject to the Architectural 
Barriers Act (ABA).\3\ Our current guidelines, the ADA and ABA 
Accessibility Guidelines, were issued in 2004.\4\ This final rule 
amends the ADA and ABA Accessibility Guidelines to specifically address 
emergency transportable housing units provided to disaster survivors by 
entities subject to the ADA or ABA. Compliance is not required by 
entities subject to the ADA until DOJ updates its accessibility 
standards to be consistent with the final rule. Compliance is not 
required by entities subject to the ABA until HUD updates its 
accessibility standards to be consistent with the final rule.
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    \2\ 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204.
    \3\ 29 U.S.C. 792(b)(3).
    \4\ 36 CFR part 1191.
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Summary of Major Provisions

    The final rule applies to entities subject to the ADA or ABA that 
provide emergency transportable housing units to disaster survivors. 
Emergency transportable housing units are prefabricated so they can be 
deployed rapidly in response to disasters. They are transported on a 
single transport vehicle over roadways, which results in size and space 
limitations. They provide temporary housing for persons whose homes 
have been destroyed or damaged by a disaster until they find suitable 
permanent housing.
    Where group sites are developed for emergency transportable housing 
units, the final rule requires at least 10 percent of the unit pads at 
each group site to be designed and constructed to accept the 
installation of units with mobility features for disaster survivors who 
have mobility disabilities, and at least 5 percent of the total number 
of units installed at each group site to provide mobility features. 
Where emergency transportable housing units are installed on private 
sites provided by the occupant of the unit, existing commercial sites, 
or military installations, the final rule requires entities to provide 
units with mobility features as determined by a needs assessment 
conducted by the entity providing the units.
    The final rule requires emergency transportable housing units with 
mobility features to comply with the technical requirements for 
residential dwelling units with mobility features. The final rule adds 
new technical requirements for floor surfaces, bedrooms, and weather 
alert systems in emergency transportable housing units with mobility 
features. The final rule also requires a water spray unit at kitchen 
sinks and a seat in roll-in type and transfer type shower compartments 
in emergency transportable housing units with mobility features. The 
final rule does not permit the use of platform lifts at the primary 
entrance to emergency transportable housing units with mobility 
features. The final rule revises existing exceptions and adds new 
exceptions relating to operable parts, ramps, grab bars, clear floor 
space at lavatories and kitchen sinks, and kitchen work surfaces in 
emergency transportable housing units with mobility features.
    The final rule requires entities to provide emergency transportable 
housing units with communication features for disaster survivors who 
are deaf or have a hearing loss as determined by a needs assessment 
conducted by the entity providing the

[[Page 26126]]

emergency transportable housing units, regardless of the type of site 
where the units are installed. The final rule requires emergency 
transportable housing units with communication features to provide 
combination smoke alarms and visible notification appliances complying 
with NFPA 72 National Fire Alarm Code. Where weather alert systems are 
provided in emergency transportable housing units, the final rule 
requires weather alert systems in units with communication features to 
provide audible and visible output.

Summary of Costs and Benefits

    The Federal Emergency Management Agency (FEMA) is the only entity 
we have identified that has recently provided emergency transportable 
housing units to disaster survivors. FEMA is subject to the ABA. We 
estimated the additional costs for FEMA to provide emergency 
transportable housing units that comply with the final rule compared to 
units complying with the Uniform Federal Accessibility Standards 
(UFAS). UFAS is the accessibility standard adopted by HUD for 
residential facilities covered by the ABA. We estimated the additional 
costs under three scenarios. The scenarios do not represent actual 
costs that FEMA will incur each year since the number of UFAS compliant 
units deployed by FEMA varies from year to year. The first scenario is 
based on the average number of UFAS compliant units deployed per year 
by FEMA in response to major disasters and emergencies declared by the 
President during the period from calendar year 2008 to 2013, which were 
165 UFAS compliant units. Under the first scenario, we estimated the 
additional costs to range from $28,425 to $104,775. The second scenario 
is based on FEMA's current baseline target inventory of 298 UFAS 
compliant units. Under the second scenario, we estimated the additional 
costs to range from $51,480 to $189,230. The third scenario is based on 
the approximately 145,000 emergency transportable housing units that 
FEMA deployed in response Hurricanes Katrina and Rita. Under the third 
scenario, we estimated the additional costs to range from $2.5 million 
to $18.4 million depending on whether 10, 15, or 20 percent of the 
units are UFAS compliant. The additional costs estimated under the 
second and third scenarios may be incurred over more than one year.
    The final rule would benefit disaster survivors with disabilities 
who need temporary housing. The benefits are difficult to quantify, but 
include important national values recognized in Executive Order 13563 
such as equity, human dignity, and fairness.

2. Statutory and Regulatory Background

    The ADA prohibits discrimination on the basis of disability.\5\ The 
ADA requires facilities constructed or altered by state and local 
governments, and public accommodations and commercial facilities 
constructed or altered by private entities to be readily accessible to 
and usable by individuals with disabilities. DOJ is required to adopt 
accessibility standards for the design, construction, and alteration of 
facilities (other than certain transportation facilities) by entities 
subject to the ADA.\6\
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    \5\ 42 U.S.C. 12101 et seq.
    \6\ 42 U.S.C. 12134 and 12186. The U.S. Department of 
Transportation is required to adopt accessibility standards for the 
design, construction, and alteration of facilities used to provide 
designated public transportation, commuter rail transportation, and 
intercity rail transportation. 42 U.S.C. 12149, 12163, and 12164.
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    The ABA requires facilities constructed or altered with federal 
funds and facilities leased by federal agencies to be readily 
accessible to and usable by individuals with disabilities.\7\ HUD is 
required to adopt accessibility standards for the design, construction, 
and alteration of residential facilities by entities subject to the 
ABA.\8\
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    \7\ 42 U.S.C. 4151 et seq.
    \8\ 42 U.S.C. 4153. The Department of Defense and United States 
Postal Service are required to adopt accessibility standards for 
their respective facilities, and the General Services Administration 
is required to adopt accessibility standards for all other 
facilities covered by the ABA. 42 U.S.C. 4142, 4154, and 4154a.
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    We are required by the ADA and the Rehabilitation Act to issue 
guidelines for the accessibility standards adopted by DOJ for the 
design, construction, and alteration of facilities (other than certain 
transportation facilities) by entities subject to the ADA.\9\ We are 
also required by the Rehabilitation Act to issue guidelines for the 
accessibility standards adopted by HUD for the design, construction, 
and alteration of residential facilities by entities subject to the 
ABA.\10\ Our current guidelines, the ADA and ABA Accessibility 
Guidelines, were issued in 2004.
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    \9\ 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204.
    \10\ 29 U.S.C. 792(b)(3).
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    DOJ updated its accessibility standards for the design, 
construction, and alteration of facilities (other than certain 
transportation facilities) by entities subject to the ADA in 2010. The 
DOJ 2010 standards reference the 2004 ADA and ABA Accessibility 
Guidelines and include additional requirements.\11\ HUD adopted UFAS 
for the design, construction, and alteration of residential facilities 
by entities subject to the ABA in 1984.\12\ HUD has not yet updated its 
standards for residential facilities to be consistent with the ADA and 
ABA Accessibility Guidelines.
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    \11\ 28 CFR 35.104 and 36.104 (definitions of 2004 ADAAG and 
2010 Standards).
    \12\ 24 CFR 40.4.
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3. Federal Emergency Management Agency (FEMA)

    The final rule applies to entities subject to the ADA or ABA that 
provide emergency transportable housing units to disaster survivors. 
FEMA is the only entity we have identified that has recently provided 
emergency transportable housing units to disaster survivors. FEMA is 
subject to the ABA.
    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act) authorizes FEMA to provide various types of assistance 
when a major disaster or emergency is declared by the President.\13\ 
When disaster survivors are displaced from their pre-disaster primary 
residences as a result of damage caused by a major disaster or 
emergency, FEMA may provide them financial assistance to rent 
alternative housing.\14\ When there is an insufficient supply of 
alternative housing, FEMA may provide direct assistance by purchasing 
or leasing emergency transportable housing units for disaster 
survivors.\15\ FEMA may install the emergency transportable housing 
units on private sites provided for free by the occupant of the unit; 
existing commercial sites such as manufactured home parks; or group 
sites developed specifically for the units.\16\ FEMA develops group 
sites on property provided by state or local governments or property 
leased by FEMA only when private sites and existing commercial sites 
are unable to accommodate the need for emergency transportable housing 
units.\17\
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    \13\ 42 U.S.C. 5121 et seq.
    \14\ 42 U.S.C. 5174(b) and (c)(1)(A), and 5192(a)(6).
    \15\ 42 U.S.C. 5174(c)(1)(B) and 5192(a)(6).
    \16\ The Stafford Act requires the sites to be complete with 
utilities. 42 U.S.C. 5174(d)(1)(a)(i). FEMA may provide federal 
assistance for the installation or repairs of utilities at private 
sites and commercial sites when FEMA determines that it will provide 
more cost effective, timely, and suitable temporary housing than 
other types of resources. 44 CFR 206.111 and 117(b)(1)(ii)(E).
    \17\ FEMA, National Disaster Housing Strategy, January 16, 2009, 
Annex 4: Disaster Housing Community Site Operations at: http://www.fema.gov/national-disaster-housing-strategy-resource-center.
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    Emergency transportable housing units provided by FEMA are 
currently required to comply with UFAS, the accessibility standard 
adopted by HUD for residential facilities covered by the ABA. UFAS 
requires 5 percent of the

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total number of federally owned one and two family dwelling units to 
comply with the applicable technical requirements.\18\ When HUD 
eventually updates its standards for residential facilities covered by 
the ABA to be consistent with the ADA and ABA Accessibility Guidelines, 
emergency transportable housing units provided by FEMA will be required 
to comply with the updated HUD standards.
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    \18\ UFAS 4.1.4(11)(c).
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    When disaster survivors apply for assistance from FEMA, individuals 
with disabilities are identified and their housing needs are 
assessed.\19\ FEMA maintains a baseline target inventory of emergency 
transportable housing units ready to deploy in response to major 
disasters and emergencies based on historical usage, lead time to 
produce additional units, and installation capacity. FEMA reassesses 
the baseline at the beginning of each hurricane season and may readjust 
it based on operational needs, lessons learned, and on-going analysis. 
FEMA's current baseline target inventory is 2,000 units and 298 of the 
units (approximately 15 percent of the units) are targeted as UFAS 
compliant.\20\ The actual number of emergency transportable housing 
units in the inventory varies as FEMA deploys the units to affected 
areas and contracts for the production of additional units as needed. 
Where group sites are developed, FEMA policy specifies that at least 15 
percent of the unit pads be designed and constructed to accept the 
installation of UFAS compliant units.\21\ Unit pads that accept the 
installation of UFAS compliant units include additional space to 
install an entry ramp to the unit and to provide an accessible parking 
space for the unit.
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    \19\ FEMA, Recovery Policy (Interim) 9452.1, Temporary Housing 
Units for Eligible Disaster Victims with a Disability, October 13, 
2006 at: http://www.fema.gov/media-library-data/20130726-1819-25045-5130/temporary_housing_units_for_eligible_disaster_victims_with_a_disability__9452.1_.pdf. See also FEMA, National 
Disaster Housing Strategy, January 16, 2009, Annex 3: Summary of 
Programs for Special Needs and Low-Income Populations, Including 
Provision of Housing Units for Individuals with Disabilities at: 
http://www.fema.gov/national-disaster-housing-strategy-resource-center.
    \20\ FEMA Manufactured Housing Unit Baseline Inventory, July 26, 
2013 available in the supporting documents for the rulemaking at: 
http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004.
    \21\ FEMA, Recovery Policy (Interim) 9452.1, Temporary Housing 
Units for Eligible Disaster Victims with a Disability, October 13, 
2006 at: http://www.fema.gov/media-library-data/20130726-1819-25045-5130/temporary_housing_units_for_eligible_disaster_victims_with_a_disability__9452.1_.pdf.
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    FEMA provided us data on the number of emergency transportable 
housing units, including UFAS compliant units, provided in response to 
27 major disasters and emergencies declared by the President during the 
period from calendar year 2008 to 2013.\22\ During this period, FEMA 
provided a total of 9,324 emergency transportable housing units, of 
which 991 units or 10.6 percent of the total units were UFAS compliant. 
FEMA installed approximately 5,568 of the units, including about 569 
UFAS compliant units, on private sites provided by occupants of the 
units. FEMA installed approximately 2,258 of the units, including about 
277 UFAS compliant units, on existing commercial sites. FEMA installed 
approximately 1,395 of the units, including about 135 UFAS units, on 
group sites. Although 10.6 percent of the total number of emergency 
transportable housing units provided during this period was UFAS 
compliant, the percentage of UFAS compliant units varied widely from 
disaster to disaster by the type of site. FEMA informed us that some of 
the UFAS compliant units were provided to disaster survivors who do not 
have disabilities due to the lack of inventory of standard units. Thus, 
the actual need for UFAS compliant units may be less than the data 
indicate.
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    \22\ We included the data provided by FEMA in the supporting 
documents for the rulemaking at: http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. The data is organized by the 
calendar year in which the major disaster or emergency was declared. 
FEMA may have provided the emergency transportable housing units 
over more than one calendar year in response to a specific major 
disaster or emergency.
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4. Rulemaking History

    In response to issues raised about the accessibility of emergency 
transportable housing units provided by FEMA after Hurricanes Katrina 
and Rita, we convened an advisory committee in 2007 to make 
recommendations for amending the ADA and ABA Accessibility Guidelines 
to specifically address emergency transportable housing units. The 
advisory committee members represented disability advocacy 
organizations, manufacturers of emergency transportable housing units, 
standard setting organizations, and federal agencies (FEMA, HUD, and 
DOJ). The advisory committee submitted a report with recommendations to 
amend the ADA and ABA Accessibility Guidelines in 2008. We issued a 
proposed rule to amend the ADA and ABA Accessibility Guidelines based 
on the advisory committee's report in 2012.\23\ The advisory committee 
report and proposed rule are available at: http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing/background.
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    \23\ 77 FR 36231 (June 18, 2012).
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5. Comments on Proposed Rule

    We received 44 comments on the proposed rule, including comments 
from 11 persons who testified at a public hearing on the proposed 
rule.\24\ The comments are available at: http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. Most of the comments were submitted 
by disability advocacy organizations (17 comments) and individuals (16 
comments). The manufactured housing industry submitted four comments 
and other interested persons submitted four comments. The comments 
generally supported the proposed rule, except for the scoping 
requirements for units with mobility features and units with 
communication features. Ten comments, including one comment that was 
supported by 16 organizations and over 100 individuals, recommended 
that units meet the needs of individuals with chemical and electrical 
sensitivities. We respond to these comments below.
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    \24\ Some of the persons who testified at the public hearing 
also submitted written comments. Two of the comments were duplicates 
and one comment was a test.
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A. Scoping Requirements for Units With Mobility Features

    The ADA and ABA Accessibility Guidelines require at least 5 percent 
of the residential dwelling units in a facility to provide mobility 
features.\25\ The advisory committee recommended alternate scoping 
requirements for emergency transportable housing units with mobility 
features. Where emergency transportable housing units are installed on 
private sites provided by the occupant of the unit, the advisory 
committee recommended that entities provide units with mobility 
features to ensure non-discrimination on the basis of disability as 
prescribed by regulations implementing section 504 of the 
Rehabilitation Act, the Stafford Act, and the ADA.\26\ Where emergency 
transportable housing units are installed on group sites, the advisory 
committee

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recommended that 10 percent of the units should provide mobility 
features. The advisory committee based this recommendation on the 
number of UFAS compliant units that FEMA had in its inventory at the 
time the committee issued its report.\27\ The advisory committee did 
not specifically address emergency transportable housing units 
installed on existing commercial sites.
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    \25\ Where a facility has 15 or fewer residential dwelling 
units, the scoping requirement applies to the total number of 
residential dwelling units that are constructed under a single 
contract, or are developed as a whole, whether or not located on a 
common site. See sections 233.3.1, F233.3.1, and F233.4.1 of the ADA 
and ABA Accessibility Guidelines.
    \26\ See 44 CFR part 16 for FEMA's regulations implementing 
section 504 of the Rehabilitation Act; 44 CFR part 206 for FEMA's 
regulations implementing the Stafford Act; and 28 CFR parts 35 and 
36 for DOJ's regulations implementing Titles II and III of the ADA.
    \27\ Advisory Committee Final Report, Consensus Recommendations, 
Item 5: Scoping at: http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing/background. The advisory committee noted that FEMA had an inventory 
of approximately 4,000 emergency transportable housing units and 10 
percent of the units were UFAS compliant.
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    The proposed rule did not specify the number of emergency 
transportable housing units with mobility features to be provided 
because the number of disaster survivors who need such units may vary 
from disaster to disaster by the type of site on which the units are 
installed. Instead, the proposed rule adopted the approach recommended 
by the advisory committee for private sites to any type of site, and 
would have required entities to provide emergency transportable housing 
units with mobility features in accordance with regulations 
implementing section 504 of the Rehabilitation Act, the Stafford Act, 
and the ADA. As explained in the preamble to the proposed rule, we 
intended entities to provide emergency transportable housing units with 
mobility features based on the assessed needs of the disaster 
survivors.\28\
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    \28\ 77 FR 36239 (June 18, 2012).
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    Some of the disability advocacy organizations and individuals who 
commented on the proposed rule recommended that 10 percent, 14 percent, 
or 15 percent of the total number of emergency transportable housing 
units installed on group sites should provide mobility features.
    The final rule addresses the different types of sites on which 
emergency transportable housing units are installed. Where emergency 
transportable housing units are installed on private sites provided by 
the occupant of the units, the final rule requires entities to provide 
units with mobility features as determined by a needs assessment 
conducted by the entity providing the emergency transportable housing 
units.\29\ This will ensure that disaster survivors with a disability 
who want a unit with mobility features to be installed on a private 
site that can accommodate the unit are provided such a unit.\30\ 
Disaster survivors prefer to have emergency transportable housing units 
installed on the site of their pre-disaster primary residence where 
possible so they can remain in their communities and supervise the 
repair or reconstruction of their homes. Approximately 60 percent of 
the emergency transportable housing units provided by FEMA in response 
to major disasters and emergencies declared by the President between 
calendar years 2008 and 2013 were installed on private sites provided 
by the occupants of the units.
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    \29\ See redesignated sections 233.3.1.2.1 and F233.4.1.2.1 of 
the ADA and ABA Accessibility Guidelines.
    \30\ FEMA requires a private site feasibility inspection to 
ensure that all necessary utilities are operational and that the 
unit can be installed within the space available.
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    Where group sites are developed for emergency transportable housing 
units, the final rule requires entities to design and construct at 
least 10 percent of the unit pads to accept the installation of units 
with mobility features and to be on an accessible route.\31\ We 
required a minimum number of unit pads at group sites to be designed 
and constructed to accept the installation of units with mobility 
features and to be on an accessible route because it is more cost 
effective to do so when the group sites are initially developed rather 
than altering the unit pads and circulation paths after the group sites 
are developed. The scoping requirement for unit pads at group sites is 
a minimum requirement and entities that develop group sites may exceed 
the minimum requirement. As noted earlier, FEMA policy specifies that 
at least 15 percent of the unit pads at group sites be designed and 
constructed to accept the installation of UFAS compliant units.
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    \31\ See redesignated sections 233.3.1.2.2.1 and F233.4.1.2.2.1 
of the ADA and ABA Accessibility Guidelines.
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    The final rule also requires at least 5 percent of the total number 
of the emergency transportable housing units installed on group sites 
to provide mobility features. This is consistent with the current 
scoping requirement for residential facilities in the ADA and ABA 
Accessibility Guidelines. We did not require at least 10 percent of the 
total number of units installed on group sites to provide mobility 
features because the data provided by FEMA for group sites where 
emergency transportable housing units were installed in response to 
major disasters and emergencies declared by the President between 
calendar years 2008 and 2013 show that less than 10 percent of the 
total number of units installed on about half of the group sites were 
UFAS compliant.\32\ Requiring at least 10 percent of the total number 
of units installed on group sites to provide mobility features would 
limit FEMA's ability to provide units with mobility features at other 
types of sites based on the assessed needs of disaster survivors with 
disabilities. If more units with mobility features are needed at 
private sites and existing commercial sites than at group sites, 
requiring at least 10 percent of the total number of units installed on 
group sites to provide mobility features could result in fewer units 
with mobility features being available to install at the private sites 
and existing commercial sites.
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    \32\ We included the data provided by FEMA on group sites in the 
supporting documents for the rulemaking at: http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. FEMA installed 
emergency transportable housing units on 17 group sites during the 
relevant period. Data were not available on the number and type of 
units installed at 8 of the group sites.
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    Where federal agencies lease space at existing commercial sites 
such as manufactured home parks to install emergency transportable 
housing units, the final rule requires entities to provide units with 
mobility features as determined by a needs assessment conducted by the 
entity providing the emergency transportable housing units.\33\ Data 
provided by FEMA on the number of emergency transportable housing units 
installed at existing commercial sites in response to major disasters 
and emergencies declared by the President between calendar years 2008 
and 2013 show that the percent of UFAS compliant units installed at the 
sites varied widely from less than 5 percent to more than 50 percent. 
We did not specify the number of units with mobility features to be 
installed at existing commercial sites because the data vary so widely. 
The number of units with mobility features that should be installed at 
existing commercial sites is best determined by a needs assessment 
conducted by the entity providing the units.
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    \33\ See new section F202.6.5.9 of the ADA and ABA Accessibility 
Guidelines.
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    Where emergency transportable housing units are installed on 
military installations, the final rule requires units with mobility 
features to be provided as determined by a needs assessment conducted 
by the entity providing the units.\34\ We did not require a minimum 
number of units with mobility features to be installed on military 
installations because there are no data available on emergency

[[Page 26129]]

transportable housing units provided on military installations.
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    \34\ See redesignated section F233.3.2.2 of the ADA and ABA 
Accessibility Guidelines.
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B. Scoping Requirements for Units With Communication Features

    The ADA and ABA Accessibility Guidelines require at least 2 percent 
of the residential dwelling units in a facility to provide 
communication features.\35\ The advisory committee did not recommend 
alternate scoping requirements for emergency transportable housing 
units with communication features. The proposed rule did not specify 
the number of emergency transportable housing units with communication 
features to be provided because the number of disaster survivors who 
need such units may vary from disaster to disaster by the type of site 
on which the units are installed. Instead, the proposed rule would have 
required entities to provide emergency transportable housing units with 
communication features in accordance with the regulations implementing 
section 504 of the Rehabilitation Act, the Stafford Act, and the ADA, 
similar to what we proposed for emergency transportable housing units 
with mobility features.
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    \35\ Where a facility has 15 or fewer residential dwelling 
units, the scoping requirement applies to the total number of 
residential dwelling units that are constructed under a single 
contract, or are developed as a whole, whether or not located on a 
common site. See sections 233.3.1, F233.3.1, and F233.4.1 of the ADA 
and ABA Accessibility Guidelines.
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    Some of the disability advocacy organizations and individuals who 
commented on the proposed rule recommended that 2 percent of the total 
number of emergency transportable housing units installed on group 
sites should provide communication features.
    The final rule requires entities to provide emergency transportable 
housing units with communication features as determined by a needs 
assessment conducted by the entity providing the units because the 
number of disaster survivors who need units with communication features 
may vary from disaster to disaster by the type of site on which the 
units are installed.\36\ All the emergency transportable housing units 
provided by FEMA include the communication features required by the 
final rule, including combination smoke alarms and visual notification 
appliances complying with NFPA 72 National Fire Alarm Code and weather 
alert systems with audible and visible output.
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    \36\ See new section F202.6.5.10 and redesignated sections 
233.3.2.2, F233.3.2.2, and F233.4.2.2 of the ADA and ABA 
Accessibility Guidelines.
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C. Needs of Individuals With Chemical and Electrical Sensitivities

    The advisory committee included a member of an organization 
knowledgeable about the needs of individuals with chemical and 
electrical sensitivities. The advisory committee discussed issues 
related to the indoor environmental quality of emergency transportable 
housing units, but the committee concluded that it did not have the 
expertise to address the issues. In the proposed rule, we noted that 
FEMA currently requires emergency transportable housing units to comply 
with HUD's Manufactured Home Construction and Safety Standards, which 
include formaldehyde emission levels for plywood and particle board 
materials installed in the homes.\37\ The Environmental Protection 
Agency also has initiated rulemaking to address formaldehyde emissions 
from composite wood products.\38\
---------------------------------------------------------------------------

    \37\ 24 CFR 3280.308.
    \38\ 78 FR 34820 (June 10, 2013).
---------------------------------------------------------------------------

    Comments submitted on behalf of individuals with chemical and 
electrical sensitivities noted that they experience disabling reactions 
to very low level exposures to formaldehyde and other volatile organic 
compounds. They recommended that FEMA provide emergency transportable 
housing units constructed of porcelain or comparable materials for 
individuals with chemical sensitivities. We have shared the comments 
with FEMA to further consider how to meet the needs of these 
individuals.

6. Discussion of Final Rule

    The ADA and ABA Accessibility Guidelines are codified as appendices 
to 36 CFR part 1191. Appendix A contains the Table of Contents. 
Appendix B contains the scoping requirements for facilities covered by 
the ADA. Appendix C contains the scoping requirements for facilities 
covered by the ABA. The scoping requirements in Appendix C are preceded 
by the letter ``F'' to distinguish them from the scoping requirements 
in Appendix B. Appendix D contains the technical requirements for 
facilities covered by the ADA and the ABA. The amendments to the ADA 
and ABA Accessibility Guidelines made by the final rule are discussed 
below under the applicable appendices.\39\
---------------------------------------------------------------------------

    \39\ The revisions made by the final rule to the guidelines do 
not change the requirements in the DOJ 2010 Standards until DOJ 
adopts the revisions. The sections of the DOJ 2010 Standards 
relating to residential facilities are not revised or renumbered. 
See 36 CFR 1191.1, Note 2 to paragraph (a), as amended in 78 FR 
59493 (September 26, 2013).
---------------------------------------------------------------------------

    The final rule reorganizes and renumbers the scoping requirements 
for residential facilities in section 233 in Appendix B and section 
F233 in Appendix C, and the technical requirements for residential 
dwelling units in section 809 in Appendix D. The final rule edits other 
sections of the guidelines that reference the scoping requirements for 
residential facilities in sections 233 and F233 and the technical 
requirements for residential dwelling units in section 809 to conform 
to the renumbered requirements in those sections. The final rule also 
edits the words ``residential facilities'' in several sections of the 
guidelines to read ``facilities with residential dwelling units.'' All 
references to the sections of the guidelines in this section of the 
preamble are to the renumbered sections.
    There are no revisions to the Table of Contents in Appendix A.

Appendix B to 36 CFR Part 1191--Americans With Disabilities Act: 
Scoping; Appendix C to 36 CFR Part 1191--Architectural Barriers Act: 
Scoping

    Since most of the scoping requirements in Appendices B and C are 
the same, the revisions made by the final rule to the scoping 
requirements are discussed together.

105.2.5 NFPA; F105.2.5 NFPA

    These sections incorporate by reference the NFPA 72 National Fire 
Alarm Code (1999 and 2002 Editions). The final rule edits the 
references to the sections of the guidelines that require compliance 
with the NFPA 72 National Fire Alarm Code to conform to the renumbered 
technical requirements for residential dwelling units in section 809.

106.5 Defined Terms; F106.5 Defined Terms

    The final rule adds a definition to these sections for the term 
``emergency transportable housing unit.'' The term is defined to mean a 
single or multiple section prefabricated structure that is 
transportable on a single transport vehicle and that can be set-up and 
installed on a temporary site in response to an emergency need for 
temporary housing. The definition lists travel trailers, park models, 
manufactured housing, and other factory built housing among the 
structures covered by the definition. Modular homes that are 
transportable on multiple vehicles and are joined together on a site 
are not covered by the definition. The definition considers emergency 
transportable housing units as a type of residential dwelling unit for 
the purposes of the guidelines.

[[Page 26130]]

F202.6.5.8 Residential Dwelling Units; F202.6.5.9 Emergency 
Transportable Housing Units With Mobility Features; F202.6.5.10 
Emergency Transportable Housing Units With Communication Features

    The ABA applies to facilities leased by federal agencies. In 
Appendix C, the scoping requirements for facilities leased by federal 
agencies are contained in section F202.6. There are no scoping 
requirements for leased facilities in Appendix B.\40\ The final rule 
revises section F202.6.5.8 to require residential dwelling units, other 
than emergency transportable housing units, leased by federal agencies 
to comply with the scoping requirements in F233 for residential 
facilities. The final rule adds new sections F202.6.5.9 and F206.5.9.10 
to address emergency transportable housing units installed on existing 
commercial sites leased by federal agencies. A commercial site is a 
privately-owned facility containing factory-built housing that is 
customarily leased for a fee and that is fully equipped to accommodate 
emergency transportable housing units. Where emergency transportable 
housing units are installed on existing commercial sites, sections 
F202.6.5.9 and F206.5.9.10 require entities to provide emergency 
transportable housing units with mobility features and emergency 
transportable housing units with communication features as determined 
by a needs assessment conducted by the entity providing the emergency 
transportable housing units.
---------------------------------------------------------------------------

    \40\ Public entities subject to Title II of the ADA are required 
to comply with program accessibility requirements in existing 
facilities. See 28 CFR 35.150. Private entities subject to Title III 
of the ADA are required to comply with barrier removal requirements 
in existing facilities. See 28 CFR 36.304.
---------------------------------------------------------------------------

203.8 Residential Facilities; F203.9 Residential Facilities

    These sections contain a general exception for facilities with 
residential dwelling units. The exception does not require common use 
areas that do not serve residential dwelling units required to provide 
mobility features to comply with the scoping requirements or to be on 
an accessible route. The final rule revises the exception to also apply 
to common use areas that do not serve emergency transportable housing 
unit pads designed and constructed to accept the installation of units 
with mobility features.

205 Operable Parts; F205 Operable Parts

    These sections require operable parts located on accessible 
elements and accessible routes and in accessible rooms and spaces to 
comply with the technical requirements for operable parts, including 
clear floor space, reach ranges, and operation. The sections contain 
several exceptions. As discussed below, the final rule revises 
Exception 3 and adds Exceptions 9, 10, and 11 to the sections.

Exception 3 (Electrical Outlets in Kitchen)

    Where two or more electrical outlets are provided in a kitchen 
above a length of counter top that is uninterrupted by a sink or 
appliance, Exception 3 does not require one of the outlets to comply 
with the technical requirements for operable parts. Kitchens in 
emergency transportable housing units typically have fewer electrical 
outlets than kitchens in other types of residential dwelling units. The 
final rule revises Exception 3 so that it does not apply to emergency 
transportable housing units required to provide mobility features.

Exception 9 (Residential Dwelling Units and Transient Lodging Guest 
Rooms Not Required To Provide Mobility Features)

    The final rule adds Exception 9 for residential dwelling units and 
transient lodging guest rooms that are not required to provide mobility 
features. Exception 9 clarifies that operable parts in these units are 
not required to comply with the technical requirements for operable 
parts.

Exception 10 (Operable Parts Beneath Emergency Transportable Housing 
Units)

    The final rule adds Exception 10 for operable parts located beneath 
the body of emergency transportable housing units required to provide 
mobility features. These operable parts are typically used by service 
personnel for maintenance purposes and are not intended to be used by 
the occupants of the emergency transportable housing units. Exception 
10 does not require these operable parts to comply with the technical 
requirements for operable parts.

Exception 11 (Water Shut-Off Valves)

    The final rule adds Exception 11 for water shut-off valves. Water 
shut-off valves are typically located beneath sinks and toilets, and do 
not meet the technical requirements for clear floor space and reach 
ranges. The proposed rule would not have required water-shut off valves 
in emergency transportable housing units with mobility features to 
comply with the technical requirements for operable parts where a 
single shut-off valve complying with the technical requirements for 
clear floor space and reach ranges is provided for the entire unit. The 
final rule does not require water shut-off valves in any type of 
occupancy to comply with the technical requirements for operable parts. 
Since we do not know whether it is feasible to provide a single water 
shut-off valve in all other occupancies, the final rule does not 
require a single water shut-off valve to be provided in order to use 
Exception 11.

206.2.3 Multi-Story Buildings (Exception 4); F206.2.3 Multi-Story 
Buildings (Exception 4)

    The final rule edits the references in Exception 4 to these 
sections to the technical requirements for residential dwelling units 
with mobility features to conform to the renumbered technical 
requirements in section 809.

206.4.6 Residential Dwelling Unit Primary Entrance; F206.4.6 
Residential Dwelling Unit Primary Entrance

    The final rule edits these sections to reference the technical 
requirements for residential dwelling units with mobility features.

206.5.4 Residential Dwelling Units; F206.5.4 Residential Dwelling Units

    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with mobility 
features to conform to the renumbered technical requirements in section 
809.

206.7 Platform Lifts; F206.7 Platform Lifts

    These sections specify where platform lifts are permitted as a 
component of an accessible route in new construction. The final rule 
does not permit the use of platform lifts at the primary entrance to an 
emergency transportable housing unit required to provide mobility 
features. The floor level of emergency transportable housing units is 
elevated above the ground. Although safety standards require 
manufactured housing to provide a secondary means of escape, the 
secondary means of escape usually is not accessible to occupants with 
mobility disabilities. In emergency transportable housing units 
required to provide mobility features, the primary entrance to the unit 
is the only accessible means of escape for occupants with mobility 
disabilities to evacuate the unit in an emergency. Platform lifts are 
not permitted at the primary entrance to emergency transportable 
housing units required to provide mobility features because the time 
needed to operate a platform lift

[[Page 26131]]

and, if necessary, to recall it to the level of exit discharge can 
result in unnecessary delays for occupants with mobility disabilities 
evacuating the unit in an emergency.

206.7.6 Guest Rooms and Residential Dwelling Units; F206.7.6 Guest 
Rooms and Residential Dwelling Units

    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with mobility 
features to conform to the renumbered technical requirements in section 
809.

208.2.3 Residential Facilities; F208.2.3 Residential Facilities

    The final rule edits the words ``residential facilities'' in these 
sections to read ``facilities with residential dwelling units.''

208.2.3.1 Parking for Residents; F208.2.3.1 Parking for Residents

    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with mobility 
features to conform to the renumbered technical requirements in section 
809.

208.3.2 Residential Facilities; F208.3.2 Residential Facilities

    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with mobility 
features to conform to the renumbered technical requirements in section 
809.

215.5 Residential Dwelling Units; F215.5 Residential Dwelling Units

    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with 
communication features to conform to the renumbered technical 
requirements in section 809.

228.2 Mail Boxes; F228.2 Mail Boxes

    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with mobility 
features to conform to the renumbered technical requirements in section 
809.

233 Residential Facilities; F233 Residential Facilities

    The final rule reorganizes and renumbers the provisions in these 
sections as shown below in order to add scoping requirements for 
emergency transportable housing units required to provide mobility 
features and for emergency transportable housing units required to 
provide communication features.\41\ The final rule also edits the 
references to the technical requirements for residential dwelling units 
with mobility features in the provisions to conform to the renumbered 
technical requirements in section 809.
---------------------------------------------------------------------------

    \41\ See footnote 39.

------------------------------------------------------------------------
              Old sections                         New sections
------------------------------------------------------------------------
                        ADA Scoping Requirements
------------------------------------------------------------------------
233 Residential Facilities.............  233 Residential Facilities
233.1 General..........................  233.1 General
233.2 Residential Dwelling Units         233.2 Residential Dwelling
 Provided by Entities Subject to HUD      Units Provided by Entities
 Section 504 Regulations.                 Subject to HUD Section 504
                                          Regulations
233.3 Residential Dwelling Units         233.3 Residential Dwelling
 Provided by Entities Not Subject to      Units Provided by Entities Not
 HUD Section 504 Regulations.             Subject to HUD Section 504
                                          Regulations
233.3.1 Minimum Number: New              233.3.1 Residential Dwelling
 Construction.                            Units with Mobility Features
233.3.1.1 Residential Dwelling Units     233.3.1.1 Facilities Other Than
 with Mobility Features.                  Those Containing Emergency
                                          Transportable Housing Units
                                         233.3.1.2 Facilities Containing
                                          Emergency Transportable
                                          Housing Units
                                         233.3.1.2.1 Private Sites
                                          Provided by Occupant of Unit
                                         233.3.1.2.2 Group Sites
                                         233.3.1.2.2.1 Unit Pads
                                         233.3.1.2.2.2 Units Installed
233.3.1.2 Residential Dwelling Units     233.3.2 Residential Dwelling
 with Communication Features.             Units with Communication
                                          Features
                                         233.3.2.1 Facilities Other Than
                                          Those Containing Emergency
                                          Transportable Housing Units
                                         233.3.2.2 Facilities Containing
                                          Emergency Transportable
                                          Housing Units
233.3.2 Residential Dwelling Units for   233.3.3 Residential Dwelling
 Sale.                                    Units for Sale
233.3.3 Additions......................  233.3.4 Additions
233.3.4 Alterations....................  233.3.5 Alterations
233.3.4.1 Alterations to Vacated         233.3.5.1 Alterations to
 Buildings.                               Vacated Buildings
233.3.4.2 Alterations to Individual      233.3.5.2 Alterations to
 Residential Dwelling Units.              Individual Residential
                                          Dwelling Units
233.3.5 Dispersion.....................  233.3.6 Dispersion
------------------------------------------------------------------------
                        ABA Scoping Requirements
------------------------------------------------------------------------
F233 Residential Facilities............  F233 Residential Facilities
F233.1 General.........................  F233.1 General
F233.2 Residential Dwelling Units        F233.2 Residential Dwelling
 Provided by HUD or Through Grant or      Units Provided by HUD or
 Loan Programs Administered by HUD.       Through Grant or Loan Programs
                                          Administered by HUD
F233.3 Residential Dwelling Units        F233.3 Residential Dwelling
 Provided on Military Installations.      Units Provided on Military
                                          Installations
F233.3.1 Minimum Number: New             F233.3.1 Residential Dwelling
 Construction.                            Units with Mobility Features
F233.3.1.1 Residential Dwelling Units    F233.3.1.1 Facilities Other
 with Mobility Features.                  Than Those Containing
                                          Emergency Transportable
                                          Housing Units
                                         F233.3.1.2 Facilities
                                          Containing Emergency
                                          Transportable Housing Units

[[Page 26132]]

 
F233.3.1.2 Residential Dwelling Units    F233.3.2 Residential Dwelling
 with Communication Features.             Units with Communication
                                          Features
                                         F233.3.2.1 Facilities Other
                                          Than Those Containing
                                          Emergency Transportable
                                          Housing Units
                                         F233.3.2.2 Facilities
                                          Containing Emergency
                                          Transportable Housing Units
F233.3.2 Additions.....................  F233.3.3 Additions
F233.3.3 Alterations...................  F233.3.4 Alterations
F233.3.3.1 Alterations to Vacated        F233.3.4.1 Alterations to
 Buildings.                               Vacated Buildings
F233.3.3.2 Alterations to Individual     F233.3.4.2 Alterations to
 Residential Dwelling Units.              Individual Residential
                                          Dwelling Units
F233.3.4 Dispersion....................  F233.3.5 Dispersion
F233.4 Residential Dwelling Units        F233.4 Residential Dwelling
 Provided by Other Federal Agencies or    Units Provided by Other
 Through Grant or Loan Programs           Federal Agencies or Through
 Administered by Other Federal Agencies.  Grant or Loan Programs
                                          Administered by Other Federal
                                          Agencies
F233.4.1 Minimum Number: New             F233.4.1 Residential Dwelling
 Construction.                            Units with Mobility Features
F233.4.1.1 Residential Dwelling Units    F233.4.1.1 Facilities Other
 with Mobility Features.                  Than Those Containing
                                          Emergency Transportable
                                          Housing Units
                                         F233.4.1.2 Facilities
                                          Containing Emergency
                                          Transportable Housing Units
                                         F233.4.1.2.1 Private Sites
                                          Provided by Occupant of Unit
                                         F233.4.1.2.2 Group Sites
                                         F233.4.1.2.2.1 Unit Pads
                                         F233.4.1.2.2.2 Units Installed
F233.4.1.2 Residential Dwelling Units    F233.4.2 Residential Dwelling
 with Communication Features.             Units with Communication
                                          Features
                                         F233.4.2.1 Facilities Other
                                          Than Those Containing
                                          Emergency Transportable
                                          Housing Units
                                         F233.4.2.2 Facilities
                                          Containing Emergency
                                          Transportable Housing Units
F233.4.2 Residential Dwelling Units for  F233.4.3 Residential Dwelling
 Sale.                                    Units for Sale
F233.4.3 Additions.....................  F233.4.4 Additions
F233.4.4 Alterations...................  F233.4.5 Alterations
F233.4.4.1 Alterations to Vacated        F233.4.5.1 Alterations to
 Buildings.                               Vacated Buildings
F233.4.4.2 Alterations to Individual     F233.4.5.2 Alterations to
 Residential Dwelling Units.              Individual Residential
                                          Dwelling Units
F233.4.5 Dispersion....................  F233.4.6 Dispersion
------------------------------------------------------------------------

233.3.1 Residential Dwelling Units With Mobility Features; F233.3.1 
Residential Dwelling Units With Mobility Features; F233.4.1 Residential 
Dwelling Units With Mobility Features

    These sections contain the scoping requirements for residential 
dwelling units with mobility features.\42\ The scoping requirements for 
facilities that do not contain emergency transportable housing units 
are in sections 233.3.1.1, F233.3.1.1, and F233.4.1.1, and they are not 
changed.
---------------------------------------------------------------------------

    \42\ The scoping requirements in section 233.3.1 apply to 
residential dwelling units provided by non-federal entities who are 
not subject to regulations issued by HUD under section 504 of the 
Rehabilitation Act. The scoping requirements in section F233.3.1 
apply to residential dwelling units provided on military 
installations. The scoping requirements in section F233.4.1 apply to 
residential dwelling units provided by federal agencies (other than 
HUD) or by non-federal entities through a grant or loan program 
administered by a federal agency (other than HUD).
---------------------------------------------------------------------------

233.3.1.2 Facilities Containing Emergency Transportable Housing Units; 
F233.4.1.2 Facilities Containing Emergency Transportable Housing Units

    These sections contain the scoping requirements for emergency 
transportable housing units with mobility features installed at 
facilities other than military installations. Where emergency 
transportable housing units are installed on private sites provided by 
the occupant of the unit, the final rule requires entities to provide 
units with mobility features on the private sites as determined by a 
needs assessment conducted by the entity providing the units. Where 
group sites are developed for emergency transportable housing units, 
the final rule requires at least 10 percent of the unit pads to be 
designed and constructed to accept the installation of units with 
mobility features and to be on an accessible route, and at least 5 
percent of the total number of units installed on the group sites to 
provide mobility features.

F233.3.1.2 Facilities Containing Emergency Transportable Housing Units

    This section contains the scoping requirement for emergency 
transportable housing units with mobility features installed on 
military installations. The final rule requires entities to provide 
emergency transportable housing units with mobility features on 
military installations as determined by a needs assessment conducted by 
the entity providing the units.

233.3.2 Residential Dwelling Units With Communication Features; 
F233.3.2 Residential Dwelling Units With Communication Features; 
F233.4.2 Residential Dwelling Units With Communication Features

    These sections contain the scoping requirements for residential 
dwelling units with communication features.\43\ The scoping 
requirements for facilities that do not contain emergency transportable 
housing units are in sections 233.3.2.1, F233.3.2.1, and F233.4.2.1, 
and they are not changed.
---------------------------------------------------------------------------

    \43\ The scoping requirements in section 233.3.2 apply to 
residential dwelling units provided by non-federal entities who are 
not subject to regulations issued by HUD under section 504 of the 
Rehabilitation Act. The scoping requirements in section F233.3.2 
apply to residential dwelling units provided on military 
installations. The scoping requirements in section F233.4.2 apply to 
residential dwelling units provided by federal agencies (other than 
HUD) or by non-federal entities through a grant or loan program 
administered by a federal agency (other than HUD).
---------------------------------------------------------------------------

233.3.1.2 Facilities Containing Emergency Transportable Housing Units; 
F233.3.1.2 Facilities Containing Emergency Transportable Housing Units; 
F233.4.1.2 Facilities Containing Emergency Transportable Housing Units

    These sections contain the scoping requirements for emergency

[[Page 26133]]

transportable housing units with communication features. The final rule 
requires entities to provide emergency transportable housing units with 
communication features as determined by a needs assessment conducted by 
the entity providing the units.

233.3.6 Dispersion (Exception 2); F233.3.5 Dispersion (Exception 2); 
F233.4.6 Dispersion (Exception 2)

    The final rule adds Exception 2 to these sections. Exception 2 does 
not require emergency transportable housing units required to provide 
mobility features to be dispersed among the various types of units in 
the facility or to provide choices of units comparable to those 
available to others since disaster survivors are provided units based 
on their assessed needs. Exception 2 does not exempt emergency 
transportable housing units required to provide mobility features from 
the requirement that the units be integrated with those available to 
other residents so that disaster survivors with disabilities are not 
segregated at group sites.

Appendix D to 36 CFR Part 1191--Technical

405.2 Slope (Exception 2); 405.6 Rise (Exception)
    These sections contain the technical requirements for the running 
slope and rise of ramp runs. The running slope of ramp runs must not be 
steeper than 1:12 and any ramp rise must be 30 inches maximum. The 
floor level of emergency transportable housing units is typically 
elevated 36 inches above the ground. To comply with the technical 
requirements, entry ramps installed at emergency transportable housing 
units with mobility features must have at least two ramp runs and an 
intermediate landing between the ramp runs. The entry ramps occupy 158 
to 180 square feet depending on the landing configuration.\44\ The 
final rule adds exceptions to the technical requirements that permit a 
single ramp run with a slope not steeper than 1:10 and 36 inches 
maximum rise where existing physical or site constraints would prohibit 
the installation of an entry ramp complying with the slope and rise 
requirements at emergency transportable housing units installed on 
private sites provided by the occupant of the unit. The exceptions 
reduce the area occupied by the entry ramps to 120 square feet. The 
exceptions may enable disaster survivors with disabilities who need 
emergency transportable housing units with mobility features to have 
the units installed on their private home sites where existing physical 
or site constraints may otherwise prohibit the installation of an entry 
ramp complying with the technical requirements at the unit. Many 
individuals with disabilities have difficulty using ramps with slopes 
steeper than 1:12 and may find entry ramps with a 1:10 slope not 
usable. Because individuals with disabilities have varying needs and 
capabilities, the concurrence of individuals with disabilities who will 
use the entry ramps should be obtained before using the exceptions.
---------------------------------------------------------------------------

    \44\ Where the ramp runs and landings are in a straight 
configuration, the landing is approximately 18 square feet. Where 
the ramp runs change direction at the landings, the landing is 
approximately 40 square feet.
---------------------------------------------------------------------------

409.1 General
    The final rule edits the references in these sections to the 
technical requirements for residential dwelling units with mobility 
features to conform to the renumbered technical requirements in section 
809.
604.5 Grab Bars (Exception 2)
    Exception 2 to this section permits grab bars to not be installed 
at water closets in residential dwelling units required to provide 
mobility features provided that the walls are reinforced to support 
future installation of grab bars. The final rule revises Exception 2 so 
that it does not apply to emergency transportable housing units 
required to provide mobility features since it could result in delays 
in installing grab bars in the units.
606.2 Clear Floor Space (Exception 3)
    This section requires clear floor space positioned for a forward 
approach and knee and toe clearance to be provided at lavatories and 
sinks. Exception 3 to the section permits readily removable cabinetry 
to be installed under lavatories and sinks in residential dwelling 
units required to provide mobility features provided that the finish 
floor extends under the cabinetry and the walls behind and surrounding 
the cabinetry are finished. The final rule revises Exception 3 so that 
it does not apply to emergency transportable housing units required to 
provide mobility features.
606.4 Faucets and Water Spray Units
    The final rule revises this section to require a water spray unit 
to be provided at the kitchen sink in emergency transportable housing 
units required to provide mobility features so individuals with 
mobility disabilities can wash dishes without having to reach across 
the sink to control the water flow.
607.4 Grab Bars (Exception 2)
    Exception 2 to this section permits grab bars to not be installed 
at bathtubs in residential dwelling units required to provide mobility 
features provided that the walls are reinforced to support future 
installation of grab bars. The final rule revises Exception 2 so that 
it does not apply to emergency transportable housing units required to 
provide mobility features since it could result in delays in installing 
grab bars in the units.
608.3 Grab Bars (Exception 2)
    Exception 2 to this section permits grab bars to not be installed 
in shower compartments in residential dwelling units required to 
provide mobility features provided that the walls are reinforced to 
support future installation of grab bars. The final rule revises 
Exception 2 so that it does not apply to emergency transportable 
housing units required to provide mobility features since it could 
result in delays in installing grab bars in the units.
608.4 Seats (Exception)
    This section requires a folding or non-folding seat to be provided 
in transfer type shower compartments. An exception to the section 
permits seats to not be installed in transfer type shower compartments 
in residential dwelling units required to provide mobility features 
provided that the walls are reinforced to support future installation 
of seats. The final rule revises the exception so that it does not 
apply to emergency transportable housing units required to provide 
mobility features since it could result in delays in installing seats 
in transfer type shower compartments in the units. The final rule also 
requires a folding seat to be provided in roll-in type showers provided 
in emergency transportable housing units required to provide mobility 
features.
804.3 Kitchen Work Surface (Exception)
    This section requires at least one work surface to be provided at 
kitchen counters in residential dwelling units required to provide 
mobility features. The work surface must have a clear floor space 
positioned for a forward approach, and knee and toe clearance beneath 
the kitchen counter. The final rule adds an exception to the section 
for emergency transportable housing units in order to preserve storage 
space beneath kitchen counters in the units. The exception does not 
require work

[[Page 26134]]

surfaces to be provided at kitchen counters where a table is provided 
within the kitchen; an electric outlet is provided within reach of the 
table; and all the kitchen countertops are 34 inches high maximum. The 
table must comply with the technical requirements for dining surfaces 
and work surfaces.
809 Residential Dwelling Units
    The final rule reorganizes and renumbers the technical requirements 
for residential dwelling units in this section as shown below.\45\
---------------------------------------------------------------------------

    \45\ See footnote 39.

------------------------------------------------------------------------
              Old sections                         New sections
------------------------------------------------------------------------
809 Residential Dwelling Units.........  809 Residential Dwelling Units
809.1 General..........................  809.1 General
809.2 Accessible Routes................  809.2 Residential Dwelling
                                          Units with Mobility Features
809.2.1 Location.......................  809.2.1 Accessible Routes
                                         809.2.1.1 Location
                                         809.2.1.2 Floor Surfaces
809.2.2 Turning Space..................  809.2.2 Turning Space
809.3 Kitchen..........................  809.2.3 Kitchen
809.4 Toilet Facilities and Bathing      809.2.4 Toilet Facilities and
 Facilities.                              Bathing Facilities
                                         809.2.5 Bedrooms in Emergency
                                          Transportable Housing Units
                                         809.2.5.1 Clear Floor Space
                                         809.2.5.2 Furniture
                                         809.2.5.3 Lighting Controls
                                         809.2.6 Weather Alert Systems
809.5 Residential Dwelling Units with    809.3 Residential Dwelling
 Communication Features.                  Units with Communication
                                          Features
                                         809.3.1 Alarms
809.5.1 Building Fire Alarm System.....  809.3.1.1 Building Fire Alarm
809.5.1.1 Alarm Appliances.............   System
809.5.1.2 Activation...................
809.5.2 Residential Dwelling Unit Smoke  809.3.1.2 Residential Dwelling
 Alarms.                                  Unit Smoke Alarms
809.5.2.1 Activation...................  809.3.1.3 Activation
809.5.3 Interconnection................
809.5.4 Prohibited Use.................
809.5.5 Residential Dwelling Unit        809.3.2 Residential Dwelling
 Primary Entrance.                        Unit Primary Entrance
809.5.5.1 Notification.................  809.3.2.1 Notification
809.5.5.2 Identification...............  809.3.2.2 Identification
809.5.6 Site, Building, or Floor         809.3.3 Site, Building, or
 Entrance.                                Floor Entrance
                                         809.3.4 Weather Alert Systems
------------------------------------------------------------------------

809.2 Residential Dwelling Units With Mobility Features
    As discussed below, the final rule adds technical requirements to 
this section for floor surfaces, bedrooms, and weather alert systems in 
emergency transportable housing units with mobility features.
809.2.1.2 Floor Surfaces
    This section specifies that carpet not be provided on floor 
surfaces in emergency transportable housing units with mobility 
features.
809.2.5 Bedrooms in Emergency Transportable Housing Units
    This section requires a clear floor space for individuals who use 
wheelchairs and other mobility aids to be provided on one side of a bed 
in bedrooms in emergency transportable housing units. The clear floor 
space must be positioned for a parallel approach to the side of the bed 
and must be on an accessible route. Where bedrooms are less than 70 
square feet, the section specifies that the furniture supplied with the 
unit cannot overlap the accessible route, maneuvering clearances 
required at doors, and turning space since it is not possible to 
rearrange the furniture in such small spaces. The section also requires 
a means to control at least one source of lighting from the bed, such 
as bedside lamps, wall switches near the bed, or remote control devices 
that can be operated from the bed, so individuals with mobility 
disabilities can safely transfer in and out of bed.
809.2.6 Weather Alert Systems
    Where weather alert systems are provided in emergency transportable 
housing units, this section requires the operable parts on weather 
alert systems in units with mobility features to comply with the 
technical requirements for clear floor space and reach ranges.
809.3 Residential Dwelling Units With Communication Features
    As discussed below, the final rule adds technical requirements to 
this section for smoke alarms and weather alert systems in residential 
dwelling units with communication features.
809.3.1.2 Residential Dwelling Unit Smoke Alarms
    This section requires residential dwelling unit smoke alarms to 
provide combination smoke alarms and visible notification appliances. 
The final rule requires combination smoke alarms and visible 
notification appliances to be supplied with a commercial light and 
power source along with a secondary power source, or a non-commercial 
alternating power source along with a secondary power source. This 
requirement is consistent with the NFPA 72 National Fire Alarm Code, 
which is referenced in the section.
809.3.4 Weather Alert Systems
    Where weather alert systems are provided in emergency transportable 
housing units, this section requires weather alert systems in units 
with communication features to provide audible and visible output.

[[Page 26135]]

7. Regulatory Analyses

Executive Order 13563 (Improving Regulation and Regulatory Review) and 
Executive Order 12866 (Regulatory Planning and Review)

    The final rule is not a significant regulatory action. FEMA is the 
only entity we have identified that has recently provided emergency 
transportable housing units to disaster survivors and will be affected 
by the final rule. We adhered to the principles of regulation in 
Executive Orders 13563 and 12866. Among other things, Executive Order 
13563 directs agencies to propose or adopt a regulation only upon a 
reasoned determination that its benefits justify its costs; tailor the 
regulation to impose the least burden on society, consistent with 
obtaining the regulatory objectives; and, in choosing among alternative 
regulatory approaches, select those approaches that maximize net 
benefits. Executive Order 13563 recognizes that some benefits are 
difficult to quantify and provides that, where appropriate and 
permitted by law, agencies may consider and discuss qualitatively 
values that are difficult or impossible to quantify, including equity, 
human dignity, fairness, and distributive impacts. We discuss the costs 
and benefits of the final rule below.

Costs

    FEMA maintains a baseline target inventory of emergency 
transportable housing units ready to deploy in response to major 
disasters and emergencies based on historical usage, lead time to 
produce additional units, and installation capacity. The baseline 
target inventory is reassessed at the beginning of each hurricane 
season and may be readjusted based on operational needs, lessons 
learned, and on-going analysis. FEMA's current baseline target 
inventory is 2,000 units and 298 of the units (approximately 15 percent 
of the units) are targeted as UFAS compliant.\46\ The actual number of 
emergency transportable housing units in the inventory varies as FEMA 
deploys the units to disaster areas and contracts for the production of 
additional units as needed.
---------------------------------------------------------------------------

    \46\ See note 21.
---------------------------------------------------------------------------

    UFAS is the accessibility standard adopted by HUD for residential 
facilities covered by the ABA. The UFAS compliant units comply with the 
technical requirements in the final rule for units with mobility 
features, except for bedroom lighting controls and water spray units at 
kitchen sinks. FEMA estimated, based on input from companies that 
produce emergency transportable housing units, that bedroom lighting 
controls will add $60 and water spray units at kitchen sinks will add 
$75 to the cost of UFAS compliant units. All the emergency 
transportable housing units provided by FEMA contain the communication 
features required by the final rule, including combination smoke alarms 
and visible notification appliances complying with NFPA 72 National 
Fire Alarm Code and weather alert systems with audible and visible 
output. FEMA will not incur additional costs to comply with the 
technical requirements in the final rule for units with communication 
features.
    We assumed that FEMA will provide bedroom lighting controls and 
water spray units at kitchen sinks in new UFAS compliant units 
purchased after the final rule is issued, and will not wait until HUD 
updates its accessibility standards for residential facilities covered 
by the ABA to be consistent with the final rule. We estimated the 
additional costs for FEMA to provide UFAS compliant units with bedroom 
lighting controls and water spray units at kitchen sinks under three 
scenarios. The scenarios do not represent actual costs that FEMA will 
incur each year since the number of UFAS compliant units deployed by 
FEMA varies from year to year. The scenarios are:
    1. Average Number of UFAS Compliant Units Deployed per Year by 
FEMA. FEMA deployed an average of 165 UFAS compliant units per year in 
response to major disasters and emergencies declared by the President 
during the period from calendar year 2008 to 2013.\47\ Under the first 
scenario, we estimated the additional costs if FEMA deploys an average 
165 UFAS compliant units per year and replaces the inventory with the 
same number of UFAS compliant units.
---------------------------------------------------------------------------

    \47\ See note 22.
---------------------------------------------------------------------------

    2. Baseline Target Inventory of UFAS Compliant Units Maintained by 
FEMA. Under the second scenario, we estimated the additional costs if 
FEMA deploys the 298 UFAS compliant units in its baseline target 
inventory and replaces them with the same number of UFAS compliant 
units. These costs may be incurred over more than one year if all the 
UFAS compliant units in the inventory are not deployed in a single 
year.
    3. UFAS Compliant Units Deployed in Event of Catastrophic Disasters 
Equivalent to Hurricanes Katrina and Rita. FEMA provided approximately 
145,000 emergency transportable housing units to the survivors of 
Hurricanes Katrina and Rita.\48\ Under the third scenario, we estimated 
the additional costs if FEMA deploys the same number of units in the 
event of catastrophic disasters equivalent to Hurricanes Katrina and 
Rita and 10, 15, or 20 percent of the units are UFAS compliant. These 
costs may be incurred over more than one year depending on whether the 
disasters occur in the early part or late part of the year and the time 
needed to produce large numbers of units.
---------------------------------------------------------------------------

    \48\ GAO, Disaster Housing: FEMA Needs More Detailed Guidance 
and Performance Measures to Help Ensure Effective Assistance after 
Major Disasters, August 28, 2009 at: http://www.gao.gov/products/GAO-09-796.
---------------------------------------------------------------------------

    The additional costs for FEMA to provide UFAS compliant units with 
bedroom lighting controls and water spray units at kitchen sinks under 
the three scenarios are shown in Table 1. The additional costs under 
the first scenario (average number of UFAS compliant units deployed per 
year) are $22,275. The additional costs under the second scenario 
(replace baseline target inventory of UFAS compliant units) are 
$40,230. The additional costs under the third scenario (percentage of 
UFAS compliant units deployed in the event of catastrophic disasters 
equivalent to Hurricanes Katrina and Rita) range from $2 million to $4 
million depending on whether 10, 15, or 20 percent of the units are 
UFAS compliant.

  Table 1--Additional Costs To Provide Bedroom Lighting Controls and Water Spray Units at Kitchen Sinks in UFAS
                                                 Compliant Units
----------------------------------------------------------------------------------------------------------------
                                                                Lighting         Water spray
                         Scenario                            controls ($60)      units ($75)       Total costs
----------------------------------------------------------------------------------------------------------------
1. Average number of UFAS compliant units deployed per                $9,900           $12,375           $22,275
 year (165 units).........................................
2. Replace baseline target inventory of UFAS compliant                17,880            22,350            40,230
 units (298 units)........................................

[[Page 26136]]

 
3. Percentage of UFAS compliant units deployed in
 catastrophic disasters equivalent to Hurricanes Katrina
 and Rita:
    10% or 14,500 units...................................           870,000         1,087,500         1,957,500
    15% or 21,750 units...................................         1,305,000         1,631,250         2,936,250
    20% or 29,000 units...................................         1,740,000         2,175,000         3,915,000
----------------------------------------------------------------------------------------------------------------

    The final rule does not allow use of the operable parts exception 
for electrical outlets in kitchens in emergency transportable housing 
units with mobility features since they typically have fewer electrical 
outlets than kitchens in other types of residential dwelling units. 
Where two or more electrical outlets are provided above a length of 
countertop that is uninterrupted by a sink or appliance, the exception 
does not require one of the outlets to comply with the technical 
requirements for operable parts, including clear floor space, reach 
ranges, and operation. Kitchen designs vary in emergency transportable 
housing units. Depending on the kitchen designs, electrical outlets may 
need to be installed in the face of the base cabinets to comply with 
the technical requirements for operable parts. FEMA estimated, based on 
input from companies that produce emergency transportable housing 
units, that installing electrical outlets in the face of the base 
cabinets will add from $150 to $500 to the cost of UFAS compliant 
units. The higher estimate assumes custom cabinetry is needed.
    We do not have information on the various kitchen designs used by 
companies that produce emergency transportable housing units. We 
estimated the additional costs for not allowing the operable parts 
exception to be used for electrical outlets in kitchens in emergency 
transportable housing units with mobility features based on assumptions 
that 25, 50, and 100 percent of the units provide two or more 
electrical outlets above a length of countertop that is uninterrupted 
by a sink or appliance and need to install electrical outlets in the 
face of the base cabinets to comply with the technical requirements for 
operable parts. The additional costs for not allowing use of the 
operable parts exception under the three scenarios described earlier 
are shown in Table 2 as a range of low and high estimates. The low 
estimates assume that installing electrical outlets in the face of the 
base cabinets will add $150 to the cost of UFAS compliant units. The 
high estimates assume that installing electrical outlets in the face of 
the base cabinets will add $500 to the cost of UFAS compliant units. 
The additional costs under the first scenario (average number of UFAS 
compliant units deployed per year) range from $6,150 to $82,500. The 
additional costs under the second scenario (replace baseline target 
inventory of UFAS compliant units) range from $11,250 to $149,000. The 
additional costs under the third scenario (percentage of UFAS compliant 
units deployed in the event of catastrophic disasters equivalent to 
Hurricanes Katrina and Rita) range from $543,750 to $14.5 million 
depending on whether 10, 15, or 20 percent of the units are UFAS 
compliant.

 Table 2--Additional Costs for Not Allowing Use of Operable Parts Exception for Electrical Outlets in Units With
                                                Mobility Features
----------------------------------------------------------------------------------------------------------------
                                Percent of UFAS compliant units that need to install electrical outlets in the
                              face of base cabinets to comply with the technical requirements for operable parts
          Scenario           -----------------------------------------------------------------------------------
                                      25 percent                  50 percent                  100 percent
----------------------------------------------------------------------------------------------------------------
1. Average number of UFAS     Low $6,150................  Low $12,450...............  Low $24,750.
 compliant units deployed     High $20,500..............  High $41,500..............  High $82,500.
 per year (165 units).
2. Replace baseline target    Low $11,250...............  Low $22,350...............  Low $44,700.
 inventory of UFAS compliant  High $37,500..............  High $74,500..............  High $149,000.
 units (298 units).
3. Percentage of UFAS
 compliant units deployed in
 catastrophic disasters
 equivalent to Hurricanes
 Katrina and Rita:
    10% or 14,500 units.....  Low $543,750..............  Low $1,087,500............  Low $2,175,000.
                              High $1,812,500...........  High $3,625,000...........  High $7,250,000.
    15% or 21,750 units.....  Low $815,700..............  Low $1,631,250............  Low $3,262,500.
                              High $2,719,000...........  High $5,437,500...........  High $10,875,000.
    20% or 29,000 units.....  Low $1,087,500............  Low $2,175,000............  Low $4,350,000.
                              High $3,625,000...........  High $7,250,000...........  High $14,500,000.
----------------------------------------------------------------------------------------------------------------

    The total additional costs to provide bedroom lighting controls and 
water spray units at kitchen sinks in UFAS compliant units and for not 
allowing use of the operable parts exception for electrical outlets in 
kitchens in emergency transportable housing units with mobility 
features are shown in Table 3 as a range of low and high estimates. The 
low estimates assume that 25 percent of the units provide two or more 
electrical outlets above a length of countertop that is uninterrupted 
by a sink or appliance and need electrical outlets installed in the 
face of the base cabinets to comply with the technical requirements for 
operable parts at the additional cost of $150 per unit. The high 
estimates assume that 100 percent of the units provide two or more 
electrical outlets above a length of countertop that is uninterrupted 
by a sink or appliance and need electrical outlets installed in the 
face of the base

[[Page 26137]]

cabinets to comply with the technical requirements for operable parts 
at the additional cost of $500 per unit. The total additional costs 
under the first scenario (average number of UFAS compliant units 
deployed per year) range from $28,425 to $104,775. The total additional 
costs under the second scenario (replace baseline target inventory of 
UFAS compliant units) range from $51,480 to $189,230. The total 
additional costs under the third scenario (percentage of UFAS compliant 
units deployed in the event of catastrophic disasters equivalent to 
Hurricanes Katrina and Rita) range from $2.5 million to $18.4 million 
depending on whether 10, 15, or 20 percent of the units are UFAS 
compliant.

                     Table 3--Total Additional Costs
------------------------------------------------------------------------
              Scenario                  Low estimate      High estimate
------------------------------------------------------------------------
1. Average number of UFAS compliant            $28,425          $104,725
 units deployed per year (165 units)
2. Replace baseline target inventory            51,480           189,230
 of UFAS compliant units (298 units)
3. Percentage of UFAS compliant
 units deployed in catastrophic
 disasters equivalent to Hurricanes
 Katrina and Rita:
    10% or 14,500 units.............         2,501,250         9,207,500
    15% or 21,750 units.............         3,751,950        13,811,250
    20% or 29,000 units.............         5,002,500        18,415,000
------------------------------------------------------------------------

Benefits

    The scoping and technical requirements for emergency transportable 
housing units with mobility features will directly benefit disaster 
survivors with mobility disabilities who need temporary housing. The 
number of disaster survivors with mobility disabilities who need 
temporary housing will vary from disaster to disaster. During the five 
year period from 2008 to 2012, FEMA provided a total of 9,324 emergency 
transportable housing units to disaster survivors and 991of the units 
or 10.6 percent were UFAS compliant.\49\ The number of UFAS compliant 
units provided in response to specific disasters ranged from zero to 
345 units. In the event of catastrophic disasters equivalent to 
Hurricanes Katrina and Rita, the number of UFAS compliant units would 
be greater. FEMA provided approximately 145,000 emergency transportable 
housing units to the survivors Hurricanes Katrina and Rita. If FEMA 
were to provide the same number of emergency transportable housing 
units in the event of catastrophic disasters equivalent to Hurricanes 
Katrina and Rita and 10 to 20 percent of the units were UFAS compliant, 
there would be 14,500 to 29,000 UFAS compliant units for disaster 
survivors with mobility disabilities. The benefits of the final rule 
are incremental for disaster survivors with mobility disabilities since 
the UFAS compliant units comply with the technical requirements in the 
final rule for units with mobility features, except for bedroom 
lighting controls and water spray units at kitchen sinks. By requiring 
a means to control at least one source of lighting in bedrooms from the 
bed, individuals with mobility disabilities will be able to safely 
transfer in and out of bed. By requiring water spray units at kitchen 
sinks, individuals with mobility disabilities will be able to wash 
dishes without having to reach across the sink to control the water 
flow. The final rule also does not allow the use of the operable parts 
exception for electrical outlets in kitchens in emergency transportable 
housing units with mobility features since they typically have fewer 
outlets than kitchens in other types of residential dwelling units. 
These benefits are difficult to quantify, but include important 
national values recognized in Executive Order 13563 such as equity, 
human dignity, and fairness.
---------------------------------------------------------------------------

    \49\ See note 22.
---------------------------------------------------------------------------

    All the emergency transportable housing units provided by FEMA 
contain the communication features required by the final rule, 
including combination smoke alarms and visible notification appliances 
complying with NFPA 72 National Fire Alarm Code and weather alert 
systems with audible and visible output so the final rule has no 
incremental benefits for disaster survivors who are deaf or have a 
hearing loss. We do not have data on the number of emergency 
transportable housing units provided by FEMA to disaster survivors who 
are deaf or have a hearing loss.

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires federal agencies to analyze 
the impacts of proposed and final rules on small entities, unless the 
agency certifies that the rule will not have a significant impact on a 
substantial number of small entities.\50\ For the proposed rule, we 
certified that the rule will not have a significant impact on a 
substantial number of small entities because we did not identify any 
entities other than FEMA that provides emergency transportable housing 
units to disaster survivors. We requested comment in the proposed rule 
on whether any small entities provide emergency transportable housing 
units to disaster survivors.\51\ We did not receive any comments 
indicating that small entities provide emergency transportable housing 
units to disaster survivors. Accordingly, we certify that the final 
rule will not have a significant impact on a substantial number of 
small entities.
---------------------------------------------------------------------------

    \50\ 5 U.S.C. 605 (b).
    \51\ 77 FR 36247 (June 18, 2012), Question 8.
---------------------------------------------------------------------------

Executive Order 13132 (Federalism)

    The final rule adheres to the fundamental federalism principles and 
policy making criteria in Executive Order 13132. The final rule is 
issued pursuant to the Americans with Disabilities Act (ADA) and 
Architectural Barriers Act (ABA).\52\ The ADA is civil rights 
legislation that was enacted by Congress pursuant to its authority to 
enforce the Fourteenth Amendment to the U.S. Constitution and to 
regulate commerce. The ADA prohibits discrimination on the basis of 
disability. The ADA requires facilities constructed or altered by state 
and local governments, and public accommodations and commercial 
facilities constructed or altered by private entities to be readily 
accessible to and usable by individuals with disabilities. The ADA 
recognizes the authority of state and local governments to enact and 
enforce laws that provide for greater or equal protection for the 
rights of individuals with disabilities.\53\ The ABA requires 
facilities constructed or altered with federal funds and

[[Page 26138]]

facilities leased by federal agencies to be readily accessible to and 
usable by individuals with disabilities.
---------------------------------------------------------------------------

    \52\ 42 U.S.C. 4151 et seq. and 42 U.S.C. 12101 et seq.
    \53\ 42 U.S.C. 12201 (b).
---------------------------------------------------------------------------

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 statutory rights that prohibit discrimination on the basis of 
race, color, sex, national origin, age, handicap, or disability. Since 
the final rule is issued pursuant to the ADA, which prohibits 
discrimination on the basis of disability, an assessment of the rule's 
effect on state, local, and tribal governments, and the private sector 
is not required.

List of Subjects in 36 CFR Part 1191

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

Michael K. Yudin,
Chair.

    For the reasons stated in the preamble, we amend 36 CFR part 1191 
as follows:

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

0
1. The authority citation for 36 CFR part 1191 continues to read as 
follows:

    Authority:  29 U.S.C. 792 (b)(3); 42 U.S.C. 12204.


0
2. Amend Appendix B to Part 1191 by:
0
a. In 105.2.5, revising the section;
0
b. In 106.5, adding a new definition of ``Emergency Transportable 
Housing Unit'' in alphabetical order;
0
c. In 203.8, revising the section;
0
d. In 205.1, revising Exception 3 and adding new Exceptions 9, 10, and 
11;
0
e. In 206.2.3, revising Exception 4;
0
f. In 206.4.6, revising the first sentence;
0
g. In 206.5.4, revising the section;
0
h. In 206.7, adding a new sentence at the end of the section;
0
i. In 206.7.6, revising the section;
0
j. In 208.2.3, revising the section;
0
k. In 208.2.3.1, revising the section;
0
l. In 208.3.2, revising the first sentence;
0
m. In 215.5, revising the section;
0
n. In 228.2, revising the last sentence;
0
o. In 233.2, revising the first, second and third sentences;
0
p. In 233.3.1, removing the Exception and revising the section;
0
q. In 233.3.1.1, revising the section;
0
r. In 233.3.1.2, revising the section;
0
s. Adding new sections 233.3.1.2.1, 233.3.1.2.2, 233.3.1.2.2.1, and 
233.3.1.2.2.2;
0
t. Redesignating sections 233.3.2, 233.3.3, 233.3.4, 233.3.4.1, 
233.3.4.2, and 233.3.5 as sections 233.3.3, 233.3.4, 233.3.5, 
233.3.5.1, 233.3.5.2 and 233.3.6, respectively;
0
u. Adding new sections 233.3.2, 233.3.2.1, and 233.3.2.2;
0
v. Revising redesignated section 233.3.4;
0
w. Revising redesignated sections 233.3.5, 233.3.5.1, and 233.3.5.2; 
and
0
x. Revising redesignated section 233.3.6, redesignating the unnumbered 
Exception to redesignated section 233.3.6 as Exception 1, and adding a 
new Exception 2 to redesignated section 233.3.6.
    The additions and revisions read as follows:

Appendix B to Part 1191--Americans With Disabilities Act: Scoping

* * * * *
    105.2.5 NFPA. Copies of the referenced standards may be obtained 
from the National Fire Protection Association, 1 Batterymarch Park, 
Quincy, Massachusetts 02169-7471, (http://www.nfpa.org).
    NFPA 72 National Fire Alarm Code, 1999 Edition (see 702.1, 
809.3.1.1, and 809.3.1.2).
    NFPA 72 National Fire Alarm Code, 2002 Edition (see 702.1, 
809.3.1.1, and 809.3.1.2).
* * * * *
    106 Defined Terms.
* * * * *
    Emergency Transportable Housing Unit. A single or multiple 
section prefabricated structure that is transportable by a single 
transport vehicle and that can be set-up and installed on a 
temporary site in response to an emergency need for temporary 
housing. Such structures include, but are not limited to, travel 
trailers, park models, manufactured housing, and other factory-built 
housing. For the purposes of this document, emergency transportable 
housing units are considered a type of residential dwelling unit.
* * * * *
    203.8 Residential Facilities. In facilities with residential 
dwelling units, common use areas that do not serve residential 
dwelling units required to provide mobility features complying with 
809.2 or emergency transportable housing unit pads designed and 
constructed to accept the installation of units with mobility 
features complying with 809.2 shall not be required to comply with 
these requirements or to be on an accessible route.
* * * * *
    205.1 General. * * *
    EXCEPTIONS: * * *
    3. Except within emergency transportable housing units required 
to provide mobility features complying with 809.2, where two or more 
outlets are provided in a kitchen above a length of counter top that 
is uninterrupted by a sink or appliance, one outlet shall not be 
required to comply with 309.
* * * * *
    9. Operable parts located within residential dwelling units not 
required to provide mobility features complying with 809.2 and 
transient lodging guest rooms not required to provide mobility 
features complying with 806.2 shall not be required to comply with 
309.
    10. In emergency transportable housing units required to provide 
mobility features complying with 809.2, operable parts located 
beneath the unit body shall not be required to comply with 309.
    11. Water shut-off valves shall not be required to comply with 
309.
* * * * *
    206.2.3 Multi-Story Buildings and Facilities. * * *
    EXCEPTIONS: * * *
    4. In facilities with residential dwelling units, an accessible 
route shall not be required to connect stories where residential 
dwelling units with mobility features required to comply with 809.2, 
all common use areas serving residential dwelling units with 
mobility features required to comply with 809.2, and public use 
areas serving residential dwelling units are on an accessible route.
* * * * *
    206.4.6. Residential Dwelling Unit Primary Entrance. In 
residential dwelling units required to provide mobility features 
complying with 809.2, at least one primary entrance shall comply 
with 404. * * *
* * * * *
    206.5.4 Residential Dwelling Units. In residential dwelling 
units required to provide mobility features complying with 809.2, 
all doors and doorways providing user passage shall comply with 404.
* * * * *
    206.7 Platform Lifts. * * * In emergency transportable housing 
units, platform lifts shall not be used at the primary entrance to a 
unit required to provide mobility features complying with 809.2.
* * * * *
    206.7.6 Guest Rooms and Residential Dwelling Units. Platform 
lifts shall be permitted to connect levels within transient lodging 
guest rooms required to provide mobility features complying with 
806.2 or residential dwelling units required to provide mobility 
features complying with 809.2.
* * * * *
    208.2.3 Residential Facilities. Parking spaces provided to serve 
facilities with residential dwelling units shall comply with 
208.2.3.
* * * * *
    208.2.3.1 Parking for Residents. Where at least one parking 
space is provided for each residential dwelling unit, at least one 
parking space complying with 502 shall be provided for each 
residential dwelling unit required to provide mobility features 
complying with 809.2.
* * * * *
    208.3.2 Residential Facilities. In facilities containing 
residential dwelling units required to provide mobility features 
complying with 809.2, parking spaces provided in accordance with 
208.2.3.1 shall be located on the shortest accessible route to

[[Page 26139]]

the residential dwelling unit entrance they serve. * * *
* * * * *
    215.5 Residential Dwelling Units. Where provided in residential 
dwelling units required to provide communication features complying 
with 809.3, alarms shall comply with 702.
* * * * *
    228.2 Mail Boxes. * * * In facilities with residential dwelling 
units, where mail boxes are provided for each residential dwelling 
unit, mail boxes complying with 309 shall be provided for each 
residential dwelling unit required to provide mobility features 
complying with 809.2.
* * * * *
    233.2 Residential Dwelling Units Provided by Entities Subject to 
HUD Section 504 Regulations. Where facilities with residential 
dwelling units are provided by entities subject to regulations 
issued by the Department of Housing and Urban Development (HUD) 
under section 504 of the Rehabilitation Act of 1973, as amended, 
such entities shall provide residential dwelling units with mobility 
features complying with 809.2 in a number required by the applicable 
HUD regulations. Residential dwelling units required to provide 
mobility features complying with 809.2 shall be on an accessible 
route as required by 206. In addition, such entities shall provide 
residential dwelling units with communication features complying 
with 809.3 in a number required by the applicable HUD regulations. * 
* *
* * * * *
    233.3.1 Residential Dwelling Units with Mobility Features. 
Facilities, other than those containing emergency transportable 
housing units, shall comply with 233.3.1.1. Facilities containing 
emergency transportable housing units shall comply with 233.3.1.2.
    233.3.1.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 5 percent, but no fewer than 
one, of the total number of residential dwelling units, other than 
emergency transportable housing units, in the facility shall provide 
mobility features complying with 809.2 and shall be on an accessible 
route as required by 206.
    EXCEPTION: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of 233.3.1.1 shall apply to the 
total number of residential dwelling units that are constructed 
under a single contract, or are developed as a whole, whether or not 
located on a common site.
    233.3.1.2 Facilities Containing Emergency Transportable Housing 
Units. Emergency transportable housing units with mobility features 
shall be provided in accordance with 233.3.1.2.
    233.3.1.2.1 Private Sites Provided by Occupant of Unit. Where 
emergency transportable housing units are installed on private sites 
provided by the occupant of the unit, entities shall provide 
emergency transportable housing units with mobility features 
complying with 809.2 as determined by a needs assessment conducted 
by the entity providing the emergency transportable housing units.
    233.3.1.2.2 Group Sites. Where group sites are developed for the 
installation of emergency transportable housing units, entities 
shall comply with 233.3.1.2.2.
    233.3.1.2.2.1 Unit Pads. At least 10 percent, but no fewer than 
one, of the unit pads prepared for the installation of emergency 
transportable housing units at each group site shall be designed and 
constructed to accept the installation of emergency transportable 
housing units with mobility features complying with 809.2 and shall 
be on an accessible route as required by 206.
    233.3.1.2.2.2 Units Installed. At least 5 percent, but no fewer 
than one, of the total number of the emergency transportable housing 
units installed at each group site shall provide mobility features 
complying with 809.2.
    233.3.2 Residential Dwelling Units with Communication Features. 
Facilities, other than those containing emergency transportable 
housing units, shall comply with 233.3.2.1. Facilities containing 
emergency transportable housing units shall comply with 233.3.2.2.
    233.3.2.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 2 percent, but no fewer than 
one, of the total number of residential dwelling units, other than 
emergency transportable housing units, in the facility shall provide 
communication features complying with 809.3.
    EXCEPTION: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of 233.3.2.1 shall apply to the 
total number of residential dwelling units that are constructed 
under a single contract, or are developed as a whole, whether or not 
located on a common site.
    233.3.2.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with residential dwelling unit smoke alarms complying with 809.3.1 
and, where weather alert systems are provided, with weather alert 
systems complying with 809.3.4 as determined by a needs assessment 
conducted by the entity providing the emergency transportable 
housing units.
* * * * *
    233.3.4 Additions. Where an addition to an existing building 
results in an increase in the number of residential dwelling units, 
the requirements of 233.3.1.1 and 233.3.2.1 shall apply only to the 
residential dwelling units that are added until the total number of 
residential dwelling units complies with the minimum number required 
by 233.3.1.1 and 233.3.2.1. Residential dwelling units required to 
comply with 233.3.1.1 shall be on an accessible route as required by 
206.
    223.3.5 Alterations. Alterations shall comply with 233.3.5.
    EXCEPTION: Where compliance with 809.2.1, 809.2.3, or 809.2.4 is 
technically infeasible, or where it is technically infeasible to 
provide an accessible route to a residential dwelling unit, the 
entity shall be permitted to alter or construct a comparable 
residential dwelling unit to comply with 809.2 provided that the 
minimum number of residential dwelling units required by 233.3.1.1 
and 233.3.2.1, as applicable, is satisfied.
    233.3.5.1 Alterations to Vacated Buildings. Where a building is 
vacated for the purposes of alteration, and the altered building 
contains more than 15 residential dwelling units, at least 5 percent 
of the residential dwelling units shall comply with 809.2 and shall 
be on an accessible route as required by 206. In addition, at least 
2 percent of the residential dwelling units shall comply with 809.3.
    233.3.5.2 Alterations to Individual Residential Dwelling Units. 
In individual residential dwelling units, where a bathroom or a 
kitchen is substantially altered, and at least one other room is 
altered, the requirements of 233.3.1 shall apply to the altered 
residential dwelling units until the total number of residential 
dwelling units complies with the minimum number required by 
233.3.1.1 and 233.3.2.1. Residential dwelling units required to 
comply with 233.3.1.1 shall be on an accessible route as required by 
206.
    EXCEPTION: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of 233.3.1.1 and 233.3.2.1 shall 
apply to the total number of residential dwelling units that are 
altered under a single contract, or are developed as a whole, 
whether or not located on a common site.
    233.3.6 Dispersion. Residential dwelling units required to 
provide mobility features complying with 809.2 and residential 
dwelling units required to provide communication features complying 
with 809.3 shall be dispersed among the various types of residential 
dwelling units in the facility and shall provide choices of 
residential dwelling units comparable to, and integrated with, those 
available to other residents.
    EXCEPTIONS: 1. * * *
    2. Emergency transportable housing units required to provide 
mobility features complying with 809.2 shall not be required to be 
dispersed among the various types of residential dwelling units in a 
facility or to provide choices of residential dwelling units 
comparable to those available to other residents.

0
3. Amend Appendix C to Part 1191 by:
0
a. In F105.2.5, revising the section;
0
b. In F106.5, adding a new definition of ``Emergency Transportable 
Housing Unit'' in alphabetical order;
0
c. In F202.6.5.8, revising the section;
0
d. Adding new F202.6.5.9 and F202.6.5.10;
0
e. In F203.9, revising the section;
0
f. In F205.1, revising Exception 3 and adding new Exceptions 9, 10, and 
11;
0
g. In F206.2.3, revising Exception 3;
0
h. In F206.4.6, revising the first sentence;
0
i. In F206.5.4, revising the section;
0
j. In F206.7, adding a new sentence at the end of the section;
0
k. In F206.7.6, revising the section;
0
l. In F208.2.3, revising the section;
0
m. In F208.2.3.1, revising the section;
0
n. In F208.3.2, revising the first sentence;

[[Page 26140]]

0
o. In F215.5, revising the section;
0
p. In F228.2, revising the last sentence;
0
q. In F233.3.1, revising the section;
0
r. In F233.3.1.1, revising the section;
0
s. In F233.3.1.2, revising the section;
0
t. Redesignating sections F233.3.2 F233.3.3.1, F233.3.3.2, F233.3.4, 
F233.4.2, F233.4.3, F233.4.4, F233.4.4.1, F233.4.4.2, and F233.4.5 as 
F233.3.3, F233.3.4, F233.3.4.1, F233.3.4.2, F233.3.5, F233.4.3, 
F233.4.4, F233.4.5, F233.4.5.1, F233.4.5.2, and F233.4.6, respectively;
0
u. Adding new sections F233.3.2, F233.3.2.1, and F233.3.2.2;
0
v. Revising redesignated F233.3.3;
0
w. Revising redesignated sections F233.3.4, F233.3.4.1, and F233.3.4.2;
0
x. Revising redesignated section F233.3.5, further redesignating the 
unnumbered Exception to redesignated section F233.3.5 as Exception 1, 
and add a new Exception 2 to redesignated section F233.3.5;
0
y. In F233.4.1, removing the Exception and revising the section;
0
z. In F233.4.1.1, revising the section;
0
aa. In F233.4.1.2, revising the section;
0
bb. Adding new sections F233.4.1.2.1, F233.4.1.2.2, F233.4.1.2.2.1, and 
F233.4.1.2.2.2;
0
cc. Adding new sections F233.4.2, F233.4.2.1, and F233.4.2.2;
0
dd. Revising redesignated section F233.4.4;
0
ee. Revising redesignated sections F233.4.5, F233.4.5.1, and F33.4.5.2; 
and
0
ff. Revising redesignated section F233.4.6, further redesignating the 
unnumbered Exception to redesignated section F233.4.6 as Exception 1, 
and adding new Exception 2 to redesignated section F233.4.6.
    The additions and revisions read as follows:

Appendix C to Part 1191--Architectural Barriers Act: Scoping

* * * * *
    F105.2.5 NFPA. Copies of the referenced standards may be 
obtained from the National Fire Protection Association, 1 
Batterymarch Park, Quincy, Massachusetts 02169-7471, (http://www.nfpa.org). NFPA 72 National Fire Alarm Code, 1999 Edition (see 
702.1, 809.3.1.1, and 809.3.1.2). NFPA 72 National Fire Alarm Code, 
2002 Edition (see 702.1, 809.3.1.1, and 809.3.1.2).
* * * * *
    F106.5 Defined Terms.
* * * * *
    Emergency Transportable Housing Unit. A single or multiple 
section prefabricated structure that is transportable by a single 
transport vehicle and that can be set-up and installed on a 
temporary site in response to an emergency need for temporary 
housing. Such structures include, but are not limited to, travel 
trailers, park models, manufactured housing, and other factory-built 
housing. For the purposes of this document, emergency transportable 
housing units are considered a type of residential dwelling unit.
* * * * *
    F202.6.5.8 Residential Dwelling Units. Residential dwelling 
units, other than emergency transportable housing units, shall 
comply with F233.
    F202.6.5.9 Emergency Transportable Housing Units with Mobility 
Features. Where emergency transportable housing units are installed 
on existing commercial sites, entities shall provide emergency 
transportable housing units with mobility features complying with 
809.2 as determined by a needs assessment conducted by the entity 
providing the emergency transportable housing units.
    F202.6.5.10 Emergency Transportable Housing Units with 
Communication Features. Where emergency transportable housing units 
are installed on existing commercial sites, entities shall provide 
emergency transportable housing units with residential dwelling unit 
smoke alarms complying with 809.3.1 and, where weather alert systems 
are provided, with weather alert systems complying with 809.3.4 as 
determined by a needs assessment conducted by the entity providing 
the emergency transportable housing units.
* * * * *
    F203.9 Residential Facilities. In facilities with residential 
dwelling units, common use areas that do not serve residential 
dwelling units required to provide mobility features complying with 
809.2 or emergency transportable housing unit pads designed and 
constructed to accept the installation of units with mobility 
features complying with 809.2 shall not be required to comply with 
these requirements or to be on an accessible route.
* * * * *
    F205.1 General. * * *
    EXCEPTIONS: * * *
    3. Except within emergency transportable housing units required 
to provide mobility features complying with 809.2, where two or more 
outlets are provided in a kitchen above a length of counter top that 
is uninterrupted by a sink or appliance, one outlet shall not be 
required to comply with 309.
* * * * *
    9. Operable parts located within residential dwelling units not 
required to provide mobility features complying with 809.2 and 
transient lodging guest rooms not required to provide mobility 
features complying with 806.2 shall not be required to comply with 
309.
    10. In emergency transportable housing units required to provide 
mobility features complying with 809.2, operable parts located 
beneath the unit body shall not be required to comply with 309.
    11. Water shut-off valves shall not be required to comply with 
309.
* * * * *
    F206.2.3 Multi-Story Buildings and Facilities. * * *
    EXCEPTIONS: * * *
    3. In facilities with residential dwelling units, an accessible 
route shall not be required to connect stories where residential 
dwelling units with mobility features required to comply with 809.2, 
all common use areas serving residential dwelling units with 
mobility features required to comply with 809.2, and public use 
areas serving residential dwelling units are on an accessible route.
* * * * *
    F206.4.6. Residential Dwelling Unit Primary Entrance. In 
residential dwelling units required to provide mobility features 
complying with 809.2, at least one primary entrance shall comply 
with 404. * * *
* * * * *
    F206.5.4 Residential Dwelling Units. In residential dwelling 
units required to provide mobility features complying with 809.2, 
all doors and doorways providing user passage shall comply with 404.
* * * * *
    F206.7 Platform Lifts. * * * In emergency transportable housing 
units, platform lifts shall not be used at the primary entrance to a 
unit required to provide mobility features complying with 809.2.
* * * * *
    F206.7.6 Guest Rooms and Residential Dwelling Units. Platform 
lifts shall be permitted to connect levels within transient lodging 
guest rooms required to provide mobility features complying with 
806.2 or residential dwelling units required to provide mobility 
features complying with 809.2.
* * * * *
    F208.2.3 Residential Facilities. Parking spaces provided to 
serve facilities with residential dwelling units shall comply with 
F208.2.3.
* * * * *
    F208.2.3.1 Parking for Residents. Where at least one parking 
space is provided for each residential dwelling unit, at least one 
parking space complying with 502 shall be provided for each 
residential dwelling unit required to provide mobility features 
complying with 809.2.
* * * * *
    F208.3.2 Residential Facilities. In facilities containing 
residential dwelling units required to provide mobility features 
complying with 809.2, parking spaces provided in accordance with 
F208.2.3.1 shall be located on the shortest accessible route to the 
residential dwelling unit entrance they serve. * * *
* * * * *
    F215.5 Residential Dwelling Units. Where provided in residential 
dwelling units required to provide communication features complying 
with 809.3, alarms shall comply with 702.
* * * * *
    F228.2 Mail Boxes. * * * In facilities with residential dwelling 
units, where mail boxes are provided for each residential dwelling 
unit, mail boxes complying with 309 shall be provided for each 
residential dwelling unit required to provide mobility features 
complying with 809.2.
* * * * *
    F233.2 Residential Dwelling Units Provided by HUD or Through 
Grant or Loan Programs Administered by HUD. Where

[[Page 26141]]

facilities with residential dwelling units are provided by the 
Department of Housing and Urban Development (HUD), or through a 
grant or loan program administered by HUD, residential dwelling 
units with mobility features complying with 809.2 shall be provided 
in a number required by the regulations issued by HUD under Section 
504 of the Rehabilitation Act of 1973, as amended. Residential 
dwelling units required to provide mobility features complying with 
809.2 shall be on an accessible route as required by F206. In 
addition, residential dwelling units with communication features 
complying with 809.3 shall be provided in a number required by the 
applicable HUD regulations. * * *
* * * * *
    F233.3.1 Residential Dwelling Units with Mobility Features. 
Facilities on military installations containing residential dwelling 
units, other than emergency transportable housing units, shall 
comply with F233.3.1.1. Facilities on military installations 
containing emergency transportable housing units shall comply with 
F233.3.1.2.
    F233.3.1.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 5 percent, but no fewer than 
one, of the total number of residential dwelling units, other than 
emergency transportable housing units, in the facility shall provide 
mobility features complying with 809.2 and shall be on an accessible 
route as required by F206.
    F233.3.1.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with mobility features complying with 809.2 as determined by a needs 
assessment conducted by the entity providing the emergency 
transportable housing units.
    F233.3.2 Residential Dwelling Units with Communication Features. 
Facilities on military installations, other than those containing 
emergency transportable housing units, shall comply with F233.3.2.1. 
Facilities on military installations containing emergency 
transportable housing units shall comply with F233.3.2.2.
    F233.3.2.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 2 percent, but no fewer than 
one, of the total number of residential dwelling units, other than 
emergency transportable housing units, in the facility shall provide 
communication features complying with 809.3.
    F233.3.2.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with residential dwelling unit smoke alarms complying with 809.3.1 
and, where weather alert systems are provided, with weather alert 
systems complying with 809.3.4 as determined by a needs assessment 
conducted by the entity providing the emergency transportable 
housing units.
    F233.3.3 Additions. Where an addition to an existing building 
results in an increase in the number of residential dwelling units, 
the requirements of F233.3.1.1 and F233.3.2.1 shall apply only to 
the residential dwelling units that are added until the total number 
of residential dwelling units complies with the minimum number 
required by F233.3.1.1 and F233.3.2.1. Residential dwelling units 
required to comply with F233.3.1.1 shall be on an accessible route 
as required by F206.
    F223.3.4 Alterations. Alterations shall comply with F233.3.4.
    EXCEPTION: Where compliance with 809.2.1, 809.2.3, or 809.2.4 is 
technically infeasible, or where it is technically infeasible to 
provide an accessible route to a residential dwelling unit, the 
entity shall be permitted to alter or construct a comparable 
residential dwelling unit to comply with 809.2 provided that the 
minimum number of residential dwelling units required by F233.3.1.1 
and F233.3.2.1, as applicable, is satisfied.
    F233.3.4.1 Alterations to Vacated Buildings. Where a building is 
vacated for the purposes of alteration, at least 5 percent of the 
residential dwelling units shall comply with 809.2 and shall be on 
an accessible route as required by 206. In addition, at least 2 
percent of the residential dwelling units shall comply with 809.3.
    F233.3.4.2 Alterations to Individual Residential Dwelling Units. 
In individual residential dwelling units, where a bathroom or a 
kitchen is substantially altered, and at least one other room is 
altered, the requirements of F233.3.1 shall apply to the altered 
residential dwelling units until the total number of residential 
dwelling units complies with the minimum number required by 
F233.3.1.1 and F233.3.2.1. Residential dwelling units required to 
comply with F233.3.1.1 shall be on an accessible route as required 
by 206.
    F233.3.5 Dispersion. Residential dwelling units required to 
provide mobility features complying with 809.2 and residential 
dwelling units required to provide communication features complying 
with 809.3 shall be dispersed among the various types of residential 
dwelling units in the facility and shall provide choices of 
residential dwelling units comparable to, and integrated with, those 
available to other residents.
    EXCEPTIONS: 1. * * *
    2. Emergency transportable housing units required to provide 
mobility features complying with 809.2 shall not be required to be 
dispersed among the various types of residential dwelling units in a 
facility or to provide choices of residential dwelling units 
comparable to those available to other residents.
* * * * *
    F233.4.1 Residential Dwelling Units with Mobility Features. 
Facilities, other than those containing emergency transportable 
housing units, shall comply with F233.4.1.1. Facilities containing 
emergency transportable housing units shall comply with F233.4.1.2.
    F233.4.1.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 5 percent, but no fewer than 
one, of the total number of residential dwelling units, other than 
emergency transportable housing units, in the facility shall provide 
mobility features complying with 809.2 and shall be on an accessible 
route as required by F206.
    EXCEPTION: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of F233.4.1.1 shall apply to the 
total number of residential dwelling units that are constructed 
under a single contract, or are developed as a whole, whether or not 
located on a common site.
    F233.4.1.2 Facilities Containing Emergency Transportable Housing 
Units. Emergency transportable housing units with mobility features 
shall be provided in accordance with F233.4.1.2.
    F233.4.1.2.1 Private Sites Provided by Occupant of Unit. Where 
emergency transportable housing units are installed on private sites 
provided by the occupant of the unit, entities shall provide 
emergency transportable housing units with mobility features 
complying with 809.2 as determined by a needs assessment conducted 
by the entity providing the emergency transportable housing units.
    F233.4.1.2.2 Group Sites. Where group sites are developed for 
the installation of emergency transportable housing units, entities 
shall comply with 233.3.1.2.2.
    F233.4.1.2.2.1 Unit Pads. At least 10 percent, but no fewer than 
one, of the unit pads prepared for the installation of emergency 
transportable housing units at each group site shall be designed and 
constructed to accept the installation of emergency transportable 
housing units with mobility features complying with 809.2 and shall 
be on an accessible route as required by F206.
    F233.4.1.2.2.2 Units Installed. At least 5 percent, but no fewer 
than one, of the total number of the emergency transportable housing 
units installed at each group site shall provide mobility features 
complying with 809.2.
    F233.4.2 Residential Dwelling Units with Communication Features. 
Facilities, other than those containing emergency transportable 
housing units, shall comply with F233.4.2.1. Facilities containing 
emergency transportable housing units shall comply with F233.4.2.2.
    F233.4.2.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 2 percent, but no fewer than 
one, of the total number of residential dwelling units, other than 
emergency transportable housing units, in the facility shall provide 
communication features complying with 809.3.
    EXCEPTION: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of F233.4.2.1 shall apply to the 
total number of residential dwelling units that are constructed 
under a single contract, or are developed as a whole, whether or not 
located on a common site.
    F233.4.2.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with residential dwelling unit smoke alarms complying with 809.3.1 
and, where weather alert systems are provided, with weather alert 
systems complying with 809.3.4 as determined by a needs assessment 
conducted by the entity providing the emergency transportable 
housing units.
* * * * *
    F233.4.4 Additions. Where an addition to an existing building 
results in an increase in

[[Page 26142]]

the number of residential dwelling units, the requirements of 
F233.4.1.1 and F233.4.2.1 shall apply only to the residential 
dwelling units that are added until the total number of residential 
dwelling units complies with the minimum number required by 
F233.4.1.1 and F233.4.2.1. Residential dwelling units required to 
comply with F233.4.1.1 shall be on an accessible route as required 
by F206.
    F233.4.5 Alterations. Alterations shall comply with F233.4.5.
    EXCEPTION: Where compliance with 809.2.1, 809.2.2, or 809.2.3 is 
technically infeasible, or where it is technically infeasible to 
provide an accessible route to a residential dwelling unit, the 
entity shall be permitted to alter or construct a comparable 
residential dwelling unit to comply with 809.2 provided that the 
minimum number of residential dwelling units required by F233.4.1.1 
and F233.4.2.1, as applicable, is satisfied.
    F233.4.5.1 Alterations to Vacated Buildings. Where a building is 
vacated for the purposes of alteration, and the altered building 
contains more than 15 residential dwelling units, at least 5 percent 
of the residential dwelling units shall comply with 809.2 and shall 
be on an accessible route as required by F206. In addition, at least 
2 percent of the residential dwelling units shall comply with 809.3.
    F233.4.5.2 Alterations to Individual Residential Dwelling Units. 
In individual residential dwelling units, where a bathroom or a 
kitchen is substantially altered, and at least one other room is 
altered, the requirements of F233.4.1 shall apply to the altered 
residential dwelling units until the total number of residential 
dwelling units complies with the minimum number required by 
F233.4.1.1 and F233.4.2.1. Residential dwelling units required to 
comply with F233.4.1.1 shall be on an accessible route as required 
by F206.
    EXCEPTION: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of F233.4.1.1 and F233.4.2.1 shall 
apply to the total number of residential dwelling units that are 
altered under a single contract, or are developed as a whole, 
whether or not located on a common site.
    F233.4.6 Dispersion. Residential dwelling units required to 
provide mobility features complying with 809.2 and residential 
dwelling units required to provide communication features complying 
with 809.3 shall be dispersed among the various types of residential 
dwelling units in the facility and shall provide choices of 
residential dwelling units comparable to, and integrated with, those 
available to other residents.
    EXCEPTIONS: 1. * * *
    2. Emergency transportable housing units required to provide 
mobility features complying with 809.2 shall not be required to be 
dispersed among the various types of residential dwelling units in a 
facility or to provide choices of residential dwelling units 
comparable to those available to other residents.

0
4. Amend Appendix D to Part 1191 by:
0
a. In 405.2, redesignating the unnumbered Exception as Exception 1 and 
adding new Exception 2;
0
b. In 405.6, adding a new Exception;
0
c. In 409.1, revising the first sentence;
0
d. In 604.5, revising Exception 2;
0
e. In 606.2, revising Exception 3;
0
f. In 606.4, adding a sentence at the end of the section;
0
g. In 607.4, revising Exception 2;
0
h. In 608.3, revising Exception 2;
0
i. In 608.4, revising the second sentence and Exception;
0
j. In 804.3, revising the section;
0
k. In 809.1, revising the second and third sentences;
0
l. Redesignating sections 809.2 and 809.2.1 as 809.2.1 and 809.2.1.1, 
respectively; adding new section 809.2; revising redesignated section 
809.2.1 and the first sentence of redesignated section 809.2.1.1; and 
adding new section 809.2.1.2;
0
m. Redesignating sections 809.3 and 809.4 as 809.2.3 and 809.2.4, 
respectively, and adding new sections 809.2.5, 809.2.5.1, 809.2.5.2, 
809.2.5.3, and 809.2.6;
0
n. Redesignating section 809.5 as 809.3; revising redesignated section 
809.3; and adding new sections 809.3.1, 809.3.1.1, 809.3.1.2, and 
809.3.1.3;
0
o. Removing sections 809.5.1, 809.5.1.1, 809.5.1.2, 809.5.2, 809.5.2.1, 
809.5.3, and 809.5.4;
0
p. Redesignating sections 809.5.5, 809.5.5.1, 809.5.5.2, and 809.5.6 as 
809.3.2, 809.3.2.1, 809.3.2.2, and 809.3.3, respectively, and revising 
redesignated section 809.3.2; and
0
q. Adding new section 809.3.4.
    The additions and revisions read as follows:

APPENDIX D TO PART 1191--TECHNICAL

* * * * *
    405.2 Slope. * * *
    EXCEPTIONS: 1. * * *
    2. For emergency transportable housing units installed on 
private sites provided by the occupant of the unit, where existing 
physical or site constraints prohibit the installation of an entry 
ramp complying with 405.2, ramps shall be permitted to provide a 
single ramp run with a slope no steeper than 1:10 provided that the 
maximum rise of all ramp runs serving the unit entrance is not 
greater than 36 inches (915 mm).
* * * * *
    405.6 Rise. * * *
    EXCEPTION: For emergency transportable housing units installed 
on private sites provided by the occupant of the unit, where 
existing physical or site constraints prohibit the installation of 
an entry ramp complying with 405.6, ramps shall be permitted to 
provide a single ramp run with a rise 36 inches (915 mm) maximum.
* * * * *
    409.1 General. Private residence elevators that are provided 
within a residential dwelling unit required to provide mobility 
features complying with 809.2 shall comply with 409 and with ASME 
A17.1 (incorporated by reference, see ``Referenced Standards'' in 
Chapter 1). * * *
* * * * *
    604.5 Grab Bars. * * *
    EXCEPTIONS: * * *
    2. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, grab bars shall not be required to be 
installed in toilet or bathrooms provided that reinforcement has 
been installed in walls and located so as to permit the installation 
of grab bars complying with 604.5.
* * * * *
    606.2 Clear Floor Space. * * *
    EXCEPTIONS: * * *
    3. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, cabinetry shall be permitted under lavatories 
and kitchen sinks provided that all of the following conditions are 
met:
    (a) The cabinetry can be removed without removal or replacement 
of the fixture;
    (b) The finish floor extends under the cabinetry; and
    (c) The walls behind and surrounding the cabinetry are finished.
* * * * *
    606.4 Faucets and Water Spray Units. * * * A water spray unit 
shall be provided at the kitchen sink in emergency transportable 
housing units required to provide mobility features complying with 
809.2.
* * * * *
    607.4 Grab Bars. * * *
    EXCEPTIONS: * * *
    2. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, grab bars shall not be required to be 
installed in bathtubs located in bathing facilities provided that 
reinforcement has been installed in walls and located so as to 
permit the installation of grab bars complying with 607.4.
* * * * *
    608.3 Grab Bars. * * *
    EXCEPTIONS: * * *
    2. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, grab bars shall not be required to be 
installed in showers located in bathing facilities provided that 
reinforcement has been installed in walls and located so as to 
permit the installation of grab bars complying with 608.3.
* * * * *
    608.4 Seats. * * * A folding seat shall be provided in roll-in 
type showers required in transient lodging guest rooms with mobility 
features complying with 806.2 and in roll-in type showers provided 
in emergency transportable housing units required to provide 
mobility features complying with 809.2. * * *

[[Page 26143]]

    EXCEPTION: In residential dwelling units, other than emergency 
transportable housing units, seats shall not be required in transfer 
type shower compartments provided that reinforcement has been 
installed in walls so as to permit the installation of seats 
complying with 608.4.
* * * * *
    804.3 Kitchen Work Surface. In residential dwelling units 
required to provide mobility features complying with 809.2, at least 
one 30 inch (760 mm) wide minimum section of counter shall provide a 
kitchen work surface that complies with 804.3.
    EXCEPTION: In emergency transportable housing units, a work 
surface complying with 804.3 shall not be required provided that the 
following criteria are met:
    (a) A kitchen table complying with 902 is provided within the 
kitchen;
    (b) An electrical outlet is provided at a location within reach 
of the table; and
    (c) All kitchen countertops are 34 inches high maximum.
* * * * *
    809.1 General. * * * Residential dwelling units required to 
provide mobility features shall comply with 809.2. Residential 
dwelling units required to provide communication features shall 
comply with 809.3.
* * * * *
    809.2 Residential Dwelling Units with Mobility Features. 
Residential dwelling units required to provide mobility features 
shall comply with 809.2
    809.2.1 Accessible Routes. Accessible routes complying with 
Chapter 4 shall be provided within residential dwelling units in 
accordance with 809.2.1.
    Exception: * * *
    809.2.1.1 Location. At least one accessible route shall connect 
all spaces and elements that are a part of the residential dwelling 
unit. * * *
    809.2.1.2 Floor Surfaces. Within emergency transportable housing 
units, carpet shall not be provided on floor surfaces.
* * * * *
    809.2.5 Bedrooms in Emergency Transportable Housing Units. 
Bedrooms in emergency transportable housing units shall comply with 
809.2.5.
    809.2.5.1 Clear Floor Space. A clear floor space complying with 
305 shall be provided on one side of a bed. The clear floor space 
shall be positioned for parallel approach to the side of the bed and 
shall be on an accessible route.
    809.2.5.2 Furniture. Where bedrooms are less than 70 square 
feet, furniture supplied with the unit shall not overlap the 
accessible route, maneuvering clearances required at doors, and 
turning space.
    809.2.5.3 Lighting Controls. A means to control at least one 
source of bedroom lighting from the bed shall be provided.
    809.2.6 Weather Alert Systems. Where provided in emergency 
transportable housing units, weather alert systems shall comply with 
309.1 through 309.3.
    809.3 Residential Dwelling Units with Communication Features. 
Residential dwelling units required to provide communication 
features shall comply with 809.3.
    809.3.1 Alarms. Alarms shall comply and 809.3.1. The same 
visible notification appliances shall be permitted to provide 
notification of building fire alarm and residential dwelling unit 
smoke alarm activation. Visible notification appliances used to 
indicate building fire alarm or residential dwelling unit smoke 
alarm activation shall not be used for any other purpose within the 
residential dwelling unit.
    809.3.1.1 Building Fire Alarm System. Where a building fire 
alarm system is provided, the system wiring shall be extended to a 
point within the residential dwelling unit in the vicinity of the 
residential dwelling unit smoke alarm system. Notification 
appliances provided within a residential dwelling unit as part of 
the building fire alarm system shall comply with NFPA 72 (1999 or 
2002 edition) (incorporated by reference, see ``Referenced 
Standards'' in Chapter 1).
    809.3.1.2 Residential Dwelling Unit Smoke Alarms. Residential 
dwelling unit smoke alarms shall provide combination smoke alarms 
and visible notification appliances complying with NFPA 72 (1999 or 
2002 edition) (incorporated by reference, see ``Referenced 
Standards'' in Chapter 1). Combination smoke alarms and visible 
notification appliances shall be supplied with power from one or 
more power sources as follows:
    (a) A commercial light and power source along with a secondary 
power source; or
    (b) A non-commercial alternating current (ac) power source along 
with a secondary power source.
    809.3.1.3 Activation. All visible notification appliances within 
the residential dwelling unit providing notification of a building 
fire alarm shall be activated upon activation of the building fire 
alarm in the portion of the building containing the residential 
dwelling unit. All combination smoke alarms and visible notification 
appliances within the residential dwelling unit shall be activated 
upon smoke detection.
    809.3.2 Residential Dwelling Unit Primary Entrance. 
Communication features shall be provided at the residential dwelling 
unit primary entrance and shall comply with 809.3.2.
* * * * *
    809.3.4 Weather Alert Systems. Where provided in emergency 
transportable housing units, weather alert systems shall provide 
audible and visual output.
[FR Doc. 2014-10162 Filed 5-6-14; 8:45 am]
BILLING CODE 8150-01-P