[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29744-29745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13625]



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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

[Docket No. ATBCB-2012-0003]
RIN 3014-AA40


Proposed Information Collection; Comment Request; Wheelchair Seat 
Height Survey

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice and request for comments.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board or Board), as part of its continuing efforts to reduce 
public burden and maximize the utility of government information, 
invites the public and other Federal agencies to comment on a proposed, 
new information collection, as required by the Paperwork Reduction Act 
of 1995 (PRA). With this notice, the Access Board solicits comments on 
its proposal to survey adult wheelchair users to gather data on their 
wheelchair seat heights and related demographics. Following review of 
comments received in response to this 60-day notice, the Access Board 
intends to submit a request to the Office of Management and Budget for 
approval of this information collection.

DATES: Submit Comments by August 27, 2018.

ADDRESSES: You may submit comments by any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: board.gov">marshall@access-board.gov. Include docket number 
ATBCB-2012-0003 in the subject line of the message.
     Fax: 202-272-0081.
     Mail or Hand Deliver/Courier: Wendy Marshall, Office of 
General Counsel, U.S. Access Board, 1331 F Street NW, Suite 1000, 
Washington, DC 20004-1111.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
notice. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Docket: To review submitted comments or other materials in the 
docket, go to http://www.regulations.gov, insert docket number ``ATBCB-
2012-0003'' into the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Wendy Marshall, Attorney Advisor, U.S. 
Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111. 
Telephone: (202) 272-0043; Email address: board.gov">marshall@access-board.gov.

SUPPLEMENTARY INFORMATION: Under the PRA and its implementing 
regulations, Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each ``collection of information'' they 
conduct or sponsor. See 44 U.S.C. 3501-3520; 5 CFR part 1320. 
``Collection of Information,'' within the meaning of the PRA, includes 
agency-sponsored surveys that pose identical questions to ten or more 
persons, regardless of whether responses are mandatory or voluntary. 
See 44 U.S.C. 3502(3); see also 5 CFR 1320.3(c). Before seeking 
clearance from OMB, agencies are generally required to, among other 
things, publish a 60-day notice in the Federal Register concerning any 
proposed information collection and provide an opportunity for comment. 
See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1). Accordingly, the 
Access Board is publishing notice of the proposed PRA-covered 
information collection discussed below.

A. Background: Access Board Final Rule Establishing Accessibility 
Standards for Medical Diagnostic Equipment

    In January 2017, the Access Board issued a final rule that 
established accessibility standards for medical diagnostic equipment 
(MDE) used by health care providers--such as, examination tables, 
examination chairs, weight scales, mammography equipment, and other 
imaging equipment--to ensure that such equipment is accessible to, and 
usable by, persons with disabilities. 82 FR 2810. See Final Rule--
Standards for Accessible Medical Diagnostic Equipment, 82 FR 2810 (Jan. 
9, 2017) (codified at 36 CFR part 1195) (hereafter, ``MDE Standards'').
    Among other things, the MDE Standards establish accessibility 
criteria relating to the height and adjustability of transfer surfaces 
on medical diagnostic equipment. Diagnostic equipment used by patients 
in supine, prone, side-lying or seated positions generally must have 
height-adjustable transfer surfaces with at least six specified 
positions: A low transfer height position (at 17-19 inches), A high 
transfer height position (at 25 inches), and four intermediate 
positions (separated by at least 1 inch). See 36 CFR 1195.1, Appendix, 
M301.2, M302.1. Height adjustability is critical for diagnostic 
equipment because research studies have shown that level (or near-
level) transfer--that is, transfer to/from a wheeled mobility device to 
a surface that is at or near the same level vertically as the seat/seat 
cushion of that device--are easiest and require less exertion compared 
with ``uphill'' or ``downhill'' transfers. Specification of a height-
adjustable range for transfer surfaces in the MDE Standards thus 
facilitates independent and semi-independent transfer to and from 
medical diagnostic equipment by patients with disabilities, enhances 
patient safety, and reduces the risk of injury for medical staff and 
caregivers.
    Notably, as stated in the preamble to the final rule, the 17-to-19-
inch height range for the low transfer height position is intended to 
be an interim standard only. See Final Rule, 82 FR at 2816 & 2831. The 
Access Board established an interim height-range specification for the 
low transfer position--as compared to a height-specific standard such 
as that specified for the high transfer height position--due to 
divergent views expressed by commenters (including disability 
advocates, academics, medical equipment manufacturers) concerning the 
appropriate minimum height for the low transfer position for medical 
diagnostic equipment. Id. at 2814-16 & 2831. Several academics and 
disability advocates opined that a 17-inch low height would provide the 
greatest number of individuals the opportunity to transfer 
independently. Id. at 2814-15. Manufacturers of medical diagnostic 
equipment, on the other hand, expressed a strong preference for a 19-
inch low height because this transfer height was viewed as cost 
effective and consistent with the Board's other existing accessibility 
guidelines. Id. The advisory committee empaneled by the Access Board to 
provide recommendations for final MDE Standards also failed to reach 
consensus on a recommendation for a specific low transfer height. Id. 
at 2815-16.
    Therefore, in the final rule, the Access Board declined to specify 
a single minimum-low-height requirement in the MDE Standards, 
explaining that ``there is insufficient data on the extent to which and 
how many individuals would benefit from a transfer height lower than 19 
inches.'' Id. at 2816. Consequently, the MDE Standards specify a 17-to-
19-inch height range as a ``temporary solution'' for the low height 
transfer position, with this height-range specification ``sunsetting'' 
five years after publication of the final rule (i.e., January 2022). 
Id. at 2816 &

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2831. We also noted, at that time, our intent to use this intervening 
period to commission research studies or otherwise garner additional 
information aimed at better elucidating the number of wheelchair users 
for whom a transfer surface positioned at a height less than 19 inches 
would likely provide improved access relative to higher transfer 
surfaces. Id. Informed by this additional information, the Access Board 
intends to initiate rulemaking--before the end of the sunset period--to 
revise the existing provisions in the MDE Standards that specify 
minimum height ranges for the low transfer position on medical 
diagnostic equipment. Id.

B. Wheelchair Seat Height Survey

    The Access Board is authorized under section 510 of the 
Rehabilitation Act to develop (and periodically revise, as needed) 
minimum technical criteria for accessible medical diagnostic equipment 
used in healthcare settings. See 29 U.S.C. 794f. More generally, 
section 502 of the Rehabilitation Act also tasks the agency with 
promoting accessibility throughout society, as well as investigating 
and examining alternative approaches to various types of barriers 
confronting Americans with disabilities. Id. Sec. Sec.  792(b)(4) & 
(b)(5).
    In keeping with its statutory responsibilities under the 
Rehabilitation Act, the Access Board intends to conduct a national 
survey of adult wheelchair users to gather data on the seat height of 
their respective wheelchairs, as well as related demographic 
information. Data from this survey will be used to help inform the 
Board's subsequent rulemaking to update the MDE Standards through 
establishment of a minimum low transfer height position for medical 
diagnostic equipment. Additionally, the data and other information 
garnered from this survey will give the agency a better understanding 
of the adult, wheelchair-using population in the United States, and, 
thereby, aid our efforts to promote accessibility throughout American 
society and provide leadership in accessible design. To our knowledge, 
no published research or statistical compilations exist that examine 
adult wheelchair users' respective seat heights on a nationally-
representative basis. The Access Board's wheelchair seat height survey 
aims to address this knowledge and statistical gap.
    The Access Board has contracted with the Center for Inclusive 
Design and Environmental Access (IDeA Center) at the State University 
of New York at Buffalo to administer this wheelchair seat height survey 
and analyze the resulting data. The survey instrument is designed to 
capture the compressed seat height of each respondent's wheelchair, as 
well as basic demographic information about each respondent (e.g., age, 
gender, geographic location, wheelchair type, nature of disability). 
The IDeA Center will use the results from this survey to, among other 
things, complete a cross-sectional study designed to estimate the 
prevalence of wheelchair users in the United States with seat heights 
below 19 inches.
    The survey instrument will be distributed primarily via electronic 
mail, with an embedded link to a web-based survey. (Email and/or 
regular mail will be used to follow-up with individuals who have not 
completed the survey.) Targeted field studies may also be employed, as 
needed, to supplement the pool of survey respondents. Electronic 
invitations to participate in the survey will be sent to approximately 
20,000 self-identified wheelchair users around the country using email 
addresses from a commercial database. Participation in the survey will 
be completely voluntary, and individuals may complete the survey at 
their own convenience. All survey responses will be anonymous.

C. Burden Estimates

    The Access Board estimates that it will take respondents 
approximately 15 minutes to complete the brief, one-time survey 
instrument. This estimate includes the needed for reviewing survey 
instructions, locating a measuring device and helper/assistant, 
measuring seat height, and completing the survey instrument. We project 
that about 2,000 individuals will submit responses to this survey. 
Total estimated annual burden hours for this survey is, therefore, 500 
hours (.25 hours x 2,000).

D. Request for Comments

    The Access Board seeks comment on any aspect of its proposed 
wheelchair seat height survey, including: (a) The necessity of this 
survey to the Access Board's performance; (b) the accuracy of our 
burden estimates; (c) methods of minimizing this burden without 
reducing the quality of the collected data; and (d) suggestions to 
enhance the quality, utility, or clarity of the survey instrument. All 
relevant comments submitted to the Access Board will be summarized and 
included in our request for OMB approval of this information 
collection, as required under the PRA.

David M. Capozzi,
Executive Director.
[FR Doc. 2018-13625 Filed 6-25-18; 8:45 am]
 BILLING CODE 8150-01-P