2024-18820. Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines; EV Charging Stations

Table 249.3.1—EV Charging Spaces

Total number of EV charging spaces provided at an EV charging station	Minimum number of required accessible EV charging spaces
1	1.
2 to 25	2.
26 to 50	4.
51 and over	4, plus one for each 50, or fraction thereof over 50.

As noted above in the discussion of sections 216/F216, under the proposed “reserved” model, identification of an accessible EV charging space would not be required if four or fewer EV charging spaces are provided at an EV charging station. The Board welcomes comment on the appropriate threshold of total number of EV charging spaces that ( print page 71222) would trigger a requirement for signage at accessible EV charging spaces under a “use last” model.

B. Alternative 507.6 Identification

The Board is considering an alternative 507.6, which would require the designation “use last” and the ISA symbol on the sign marking the accessible space. All other requirements of this section would remain the same.

C. Analysis of the “Use Last” Alternative

The Board first introduced the idea of a “use last” model in the technical assistance document it issued in August 2022. Design Recommendations for Accessible Electric Vehicle Charging Stations, available at https://www.access-board.gov/​ta/​tad/​ev/​. EV charging stations can be expensive to install, and the Board understands that each space provides potential revenue for the station operator, unless the station is provided as a free amenity. The Board therefore acknowledges efficiencies in allowing an unoccupied accessible EV charging space to be used by a person without a disability, if all other EV charging spaces are occupied at a particular EV charging station.

However, the Board does have significant reservations about the “use last” approach, and thus proposes it as an alternative approach for consideration and public comment. The Board is concerned that enforcement will be difficult, if not impossible. Suppose, for example, that a person with a physical disability who needs an accessible EV charging space made a complaint that someone without a disability was occupying the accessible space, even though there were other spaces available. In some instances, it may not be possible to determine whether all other spaces were occupied at the time the non-disabled driver arrived at the EV charging station. The Board is also concerned that individuals without disabilities will choose to use the accessible space because it is a larger space, even when non-accessible spaces are available.

Further, as “use last” is a new concept, it may lead to confusion for drivers and require public education to implement. For example, individuals without disabilities may not understand that they are permitted to use the “use last” space, if no other space is available, because traditionally a sign with the ISA indicates that the space is reserved. The Board seeks public comment, especially from any jurisdiction or EV charging station operator that is currently using the “use last” approach. The Board is particularly interested on information regarding enforcement and wait times for individuals with disabilities attempting to use the accessible spaces. The Board also seeks input from individuals with disabilities who may have used a “use last” EV charging space, as well as any experiences with “reserved” accessible EV charging spaces and how often they are available for use.

In the preliminary regulatory assessment (PRIA), discussed below, the Board has analyzed both the costs and benefits of this alternative “use last” approach. The alternative would require more accessible spaces per EV charging stations and therefore be more costly than the “reserved” model. However, as discussed in the PRIA, the magnitude of the difference is quite small for stations outside of California, in that the “use last” approach costs at most $113 more than the “reserved” model for the most common size of EV charging stations (one to 25 charging spaces), which currently accounts for 99% of EV charging stations. California is the only state that has adopted accessible EV charging standards, and so while the cost of both models are lower in California than the costs for the rest of the United States, the “use last” alternative does increase the costs for California from $0 to $1,592.49 per charging station.

While the costs increase slightly with the “use last” alternative, the PRIA notes that the “use last” model is expected to provide better outcomes for all users (with disabilities and without disabilities.) Owing to the greater number of spaces complying with accessibility requirements, and the opportunity for non-disabled people to use those chargers if unoccupied, “[t]he [“use last”] alternative lowers the probability that a user would need to wait for an appropriate EV charging space to become available because it increases the capacity of the EV charging station for both users with disabilities and users without disabilities compared to the [“reserved model”].” PRIA at 45 available at https://www.regulations.gov/​docket/​ATBCB-2024-0001. The basis of the benefits analysis is a model of EV charging station queuing which depicts arrivals at DCFC charging stations in terms of average time interval between vehicle arrivals (measured in minutes). The model calculates the probability that an arrival will have to wait and further considers the average wait times for all users, users who need an accessible space and users who do not.

The benefits analysis also takes into consideration the difficulty of enforcement and includes scenarios where 20 percent and 50 percent of users without disability placards were non-compliant with the “use-last” approach (meaning the user was not a person with a disability and parked in an accessible spot when other non-accessible spots were available). The results show that even if 50 percent of users without disability placards use the accessible spaces inappropriately, the “use last” alternative results in lower probabilities of people with disabilities waiting for accessible spaces than under the “reserved” model because the number of required accessible spaces is greater. The Board seeks public input on this alternative “use last” model, including comments on the PRIA.

VII. Availability of Materials Incorporated by Reference

As required by the Office of the Federal Register, the Board is providing this information to the public about the proposed material to be incorporated by reference in Appendix B, 105.2 and Appendix C, F105.2. In addition to the information provided below relating to public availability, a copy of this reference standard is available for inspection at the Access Board's office, 1331 F Street NW, Suite 1000, Washington, DC 20004.

TIA 1083-B Telephone Terminal Equipment Handset Magnetic Measurement Procedures and Performance Requirements (2015). This standard defines measurement procedures and performance requirements for the handset generated audio band magnetic noise of wireline telephones. This standard also addresses magnetic interference issues not covered by 47 CFR part 68. This standard can be used to evaluate devices with analog interfaces and digital interfaces that provide narrowband and wideband transmission. Availability: Copies of the standard, which is published by the Telecommunications Industry Association (TIA), may be obtained from the TIA Standards Store, 1320 North Courthouse Road, Suite 890, Arlington, VA 22201. It is available for purchase on the TIA Standards Store ( https://store.accuristech.com/​tia). The cost is $123 for a secured PDF. TIA has agreed to make a read only version of this standard available for free to the public during the comment period of this NPRM. To obtain access to the read-only version, members of the public should email TIA at [e-mail] and request access to TIA-1083-B. ( print page 71223)

VIII. Regulatory Process Matters

A. Regulatory Planning and Review (Executive Orders 12866 and 13563)

Consistent with the obligation that federal agencies under Executive Orders 12866 and 13563 propose and adopt regulations only upon a reasoned determination that benefits justify costs, this proposed rule has been evaluated from a benefit-cost perspective in the preliminary regulatory impact assessment (PRIA). The USDOT Volpe Center prepared this PRIA on behalf of the Access Board. The PRIA is available on the Access Board's website at www.access-board.gov and in the regulatory docket at www.regulations.gov. The PRIA estimates the annual costs of this proposed rule and describes the significant benefits for people with disabilities. The benefits of regulations that ensure civil rights cannot be fully quantified and monetized; the Board concludes that consistent with E.O. 13563, the benefits (quantitative and qualitative) justify the costs.

Pursuant to E.O. 13563, the Volpe Center has used “the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible”; however, the proposed rule and the underlying statutes create many important benefits that, in the words of E.O. 13563, stem from “values that are difficult or impossible to quantify.” In addition to considering the proposed rule's quantitative effects, the Board has considered the proposed rule's qualitative effects.

Executive Order 13563 states that in making a reasoned determination that a regulation's benefits justify its costs, “each agency may consider and (discuss qualitatively) values that are difficult or impossible to quantify, including equity, human dignity, fairness, and distributive impacts.” The proposed guidelines promote important societal values that are difficult or impossible to quantify. When enacting the ADA, Congress found “the discriminatory effects of architectural, transportation, and communication barriers” to be a continuing problem that “denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.” 42 U.S.C. 12101(a)(5) and (8).

Congress declared that “the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency.” 42 U.S.C. 12101(a)(7). This proposed rule promotes the goals declared by Congress by eliminating the discriminatory effects of architectural, transportation, and communication barriers in the design and construction of electric vehicle charging stations.

In the PRIA, the Volpe Center explains that the benefits of the proposed rule relate to preserving equal access to public facilities and facilities designed, built, or altered with federal dollars or leased by federal agencies for people with disabilities. The mobility features of the accessible EV charging spaces and EV chargers would ensure they are usable by people with physical disabilities including those who use mobility devices such as wheelchairs, powered scooters, and canes/crutches/walkers. The requirements related to operable parts would ensure that EV chargers are usable by people who use mobility devices and by people who have difficulty, pinching, twisting, or grasping due to a disability. The requirements related to communication features would ensure that people with difficulty hearing, difficulty seeing (including but not limited to small print), or color-blindness can use EV chargers.

The PRIA describes the methodology used to quantify compliance costs and associated benefits, including data sources, key input values and assumptions, calculation methods, information on potential limitations and sources of uncertainty, and areas where the Board is requesting additional information to inform the final regulatory impact assessment.

In summary, the PRIA explains that the quantified costs of the proposed rule over the seven-year analysis period of 2024 to 2030 are estimated to be $831.8 million when discounted at 3 percent and $683.3 million when discounted at 7 percent. The costs are based on the forecast of the number of EV charging stations that will be built in the United States by 2030. Some costs could not be quantified with the available information and the Access Board requests information from the public to improve those cost estimates. The cost of the rule is at most $2,225 per charging station in most of the United States for the most common sizes of charging stations. Most of the cost is associated with the extra land or space required to provide a wider accessible charging space and an adjacent access aisle. The cost of the rule is a small percentage of the baseline cost of the rule for large Level 2 charging stations and for DC Fast Charging stations. In California, the cost the proposed rule is essentially zero for the most common sizes of charging stations because California has already enacted accessibility requirements for EV charging stations. The total cost of the rule is largely driven by the high number of public EV charging stations that are expected to be built in the near future.

Summary of Costs of Proposed Rule 2024-2030

[$ millions]

Proposed rule requirement	Total cost	Total cost 3% discount	Total cost 7% discount	Annualized cost 3% discount	Annualized cost 7% discount
Mobility Features of Accessible Spaces	$972.0	$831.8	$683.3	$133.5	$126.8.
Mobility Features of Chargers	Not Quantified	Not Quantified	Not Quantified	Not Quantified	Not Quantified.
Communication Elements	Not Quantified	Not Quantified	Not Quantified	Not Quantified	Not Quantified.
Total	$972.0	$831.8	$683.3	$133.5	$126.8.

The PRIA also considers a regulatory alternative related to the number of accessible EV charging spaces with mobility features that would be required at a charging station. Whereas the proposed rule requires one accessible charging space reserved for people with disabilities at charging stations with 25 or fewer charging spaces, the alternative would require two accessible charging spaces signed as “use last,” meaning that people without disabilities could use them if the non-accessible charging spaces were all occupied. ( print page 71224)

In most of the country, the extra cost of the “use last” alternative compared to the “reserved” model is minor, just over $100 per charging station. However, in California, the additional cost of the “use last” alternative compared to the “reserved” model is more substantial. California accounts for just over 30 percent of charging stations, so at a national level, the “use last” alternative is estimated to cost 28 percent more than the “reserved” model, as shown below.

Comparison of Costs of Alternative to Proposed Rule

Proposed rule: annualized cost @7%	Alternative: annualized cost @7%	Increase in costs compared to proposed rule	Percent cost increase compared to proposed rule
$136,293,270	$126,780,388	$35,272,652	27.8%

The alternative would cost more than the “reserved” model, but, because it results in more accessible charging spaces being provided, it improves outcomes for disabled users of EV charging stations. A simulation model of queuing behavior at DC Fast Charging stations developed for this PRIA finds that under a range of scenarios, the alternative would substantially decrease the probability that a disabled user would need to wait at a charging station for an accessible charging space to become available, compared to the proposed rule. The PRIA also explores scenarios where 20 percent or 50 percent of non-disabled users do not comply with the ”use last” concept and instead use the accessible charging spaces even when non-accessible spaces are available. Even at fairly high levels of non-compliance, the “use last” concept is expected to provide better outcomes for users with mobility disabilities.

B. Regulatory Flexibility Act

An initial regulatory flexibility analysis (IRFA) has been prepared to evaluate the proposed rule under the Regulatory Flexibility Act. The USDOT Volpe Center has prepared this IRFA on behalf of the Access Board. The IRFA is available on the Access Board's website at www.access-board.gov and in the regulatory docket at www.regulations.gov.

The Regulatory Flexibility Act of 1980 (RFA), as amended, requires agencies to conduct a separate analysis of the economic impact of rules on small entities. The RFA requires agencies to take small entities' concerns into account when developing, writing, publicizing, promulgating, and enforcing regulations. To this end, the RFA requires agencies to detail how they have met these concerns by including an initial and later a final regulatory flexibility analysis.

As required by the RFA, this analysis includes:

• A description of the reasons the agency is considering the action
• A succinct statement of the objectives and legal basis of the rule
• A description and estimate of the number of small entities to which the rule will apply (or an explanation of why no such estimate is available)
• A description of the compliance requirements of the rule and their costs
• A description of relevant Federal rules, if any, that may duplicate, overlap, or conflict with the proposed rule
• A description of any significant alternatives to the proposed rule that would accomplish the stated objectives of the rule while minimizing any significant economic impact of the proposed rule on small entities

The IRFA evaluates the proposed accessibility standards for EV chargers and EV charging stations at places covered under this proposed rule, including places of public accommodation and commercial facilities under the ADA and buildings and facilities that were designed, built, or altered with federal dollars or leased by federal agencies under the ABA. The analysis assesses the effects of the proposed rule on four categories of entities that have roles in providing EV charging stations: EVSE manufacturers, EV charging station operators, non-governmental entities that provide EV charging stations as an amenity to patrons and/or employees, and governmental jurisdictions that provide EV charging stations as a service to the general public.

The proposed rule is expected to have non-significant economic impacts on small EVSE manufacturers, small non-governmental entities that provide EV charging stations to their patrons and/or employees, and small governmental entities that provide EV charging stations to the general public. The proposed rule is expected to have non-significant economic impacts on small EV charging station operators who provide DC Fast Charging (DCFC) charging stations. However, the rule may have significant economic impacts on small EV charging station operators who provide Level 2 charging stations.

The Access Board does not anticipate any meaningful alternatives to minimizing the significant economic impacts on small entities. The alternative described above and analyzed in the PRIA results in slightly higher upfront costs (although it may reduce expected wait times for EV charging station users).

C. Executive Order 14096

E.O. 14096 set the goal of environmental justice for all, including ensuring “equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.” See E.O. 14096, 88 FR 25,253 (Apr. 26, 2023). The agency has considered environmental justice and believes this proposed rule will advance accessibility and improve the quality of life for communities with environmental justice concerns, and thus advance this goal. As part of public comment on this proposal, the agency welcomes any additional input or engagement from the public, including communities with environmental justice concerns, to inform this rulemaking.

D. Federalism (Executive Order 13132)

The Access Board has evaluated this notice of proposed rulemaking in accordance with the principles and criteria set forth in Executive Order 13132. We have determined that this action will not have a substantial direct effect on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications.

The proposed rule adheres to the fundamental federalism principles and policy making criteria in Executive Order 13132. The portion of this rule applicable to state and local ( print page 71225) governments is issued under the authority of the Americans with Disabilities Act, 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 Americans with Disabilities Act was enacted “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. 12101(b)(1). The Americans with Disabilities Act 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 than are afforded by this chapter.” 42 U.S.C. 12201(b).

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act does not apply to legislative or regulatory provisions that establish or enforce any “statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability.” 2 U.S.C. 658a. Accordingly, it does not apply to this rulemaking.

F. Paperwork Reduction Act

Under the Paperwork Reduction Act (PRA), federal agencies are generally prohibited from conducting or sponsoring a “collection of information: as defined by the PRA, absent OMB approval.” See44 U.S.C. 3507 et seq. The proposed revisions and updates to the ADA and ABA Accessibility Guidelines do not impose any new or revised collections of information within the meaning of the PRA.

G. Congressional Review Act

To the extent this rule is subject to the Congressional Review Act, the Access Board will comply with its requirements by submitting the final rule to Congress and the Government Accountability Office.

List of Subjects in 36 CFR Part 1191

• Buildings and facilities
• Civil rights
• Federal buildings and facilities
• Incorporation by reference
• Individuals with disabilities
• Parking, and Transportation

For the reasons stated in the preamble, and under the authority of 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204, the Board proposes to 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

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

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

2. Amend appendix A by:

a. Revising the heading for ADA Chapter 1;

b. Revising the ADA Chapter 2 and adding, in numerical order, an entry for 249;

c. Revising the heading for ABA Chapter 1;

d. Revising the heading for ABA Chapter 2 and adding, in alphanumerical order, and entry for 249;

e. Revising the headings for Chapter 3 and Chapter 4;

f. Revising the heading for Chapter 5 and adding, in numerical order, entries for 506 and 507;

g. Revising the heading for Chapter 6;

h. Revising the heading for Chapter 7 and adding, in numerical order, an entry for 709;

i. Revising the headings for Chapter 8, Chapter 9, and Chapter 10.

The revisions and additions read as follows:

Appendix A to Part 1191—Table of Contents

ADA Chapter 1: Application and Administration (Appendix B)

* * * * *

ADA Chapter 2: Scoping Requirements (Appendix B)

* * * * *

244-248 [Reserved]

249 EV Charging Stations

ABA Chapter 1: Application and Administration (Appendix C)

* * * * *

ABA Chapter 2: Scoping Requirements (Appendix C)

* * * * *

F249 EV Charging Stations

Chapter 3: Building Blocks (Appendix D)

* * * * *

Chapter 4: Accessible Routes (Appendix D)

* * * * *

Chapter 5: General Site and Building Elements (Appendix D)

* * * * *

506 EV Chargers

507 EV Charging Spaces

Chapter 6: Plumbing Elements and Facilities (Appendix D)

* * * * *

Chapter 7: Communication Elements and Features (Appendix D)

* * * * *

709 EV Charger Communication Elements and Features

Chapter 8: Special Rooms, Spaces, and Elements (Appendix D)

* * * * *

Chapter 9: Built-In Elements (Appendix D)

* * * * *

Chapter 10: Recreation Facilities (Appendix D)

* * * * *

3. In appendix B,

a. Amend ADA Chapter 1 by:

i. Revising section 105.1 and the introductory text of section 105.2;

ii. Adding section 105.2.6; and

iii. In section 106.5, adding definitions for ”Charging port“, “Connector”, “Electric vehicle”, “EV charger”, EV supply equipment”, EV charging station”, EV charging space”;

b. Amend ADA Chapter 2 by:

i. Revising section 206.2.1;

ii. Adding section 216.13 as “reserved”;

iii. Adding section 216.14;

iv. Adding section 249; and

v. Removing the text “Chapter 1)” everywhere it appears and adding, in its place, the text “section 105)”.

The revisions and additions read as follows:

Appendix B to Part 1191—Americans With Disabilities Act: Scoping ADA Chapter 1: Application and Administration

* * * * *

105.1 General. The standards listed in 105.2 of this appendix B are incorporated by reference into this appendix B and appendix D to this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available at the U.S. Access Board and at the National Archives and Records Administration (NARA). Contact U.S. Access Board at: 1331 F Street NW, Suite 1000, Washington, DC 20004; [phone], [e-mail]. For information on the availability of this material at NARA, visit www.archives.gov/​federal-register/​cfr/​ibr-locations or email [e-mail]. The material may be obtained from the sources in section 105.2.

105.2 Reference Standards. Referenced standards. The specific edition of the standards listed in this section are referenced elsewhere in this appendix B and appendix D to this part. Where differences occur between these appendices and the referenced standards, these appendices apply.

* * * * *

105.2.6  TIA -1083-B.

Copies of the referenced standards may be obtained from the Telecommunications Industry ( print page 71226) Association (TIA), 1320 North Courthouse Road, Suite 890, Arlington, VA 22201; [phone]; [e-mail]; https://store.accuristech.com/​tia. TIA-1083-B, Telecommunications — Communications Products—Handset Magnetic Measurement Procedures and Performance Requirements, October 2015 (see 709.7.2.2).

* * * * *

106.5  Defined Terms.

* * * * *

Charging port. The system within an electric vehicle (EV) charger that charges one (1) EV. A charging port may have multiple connectors, but it can only provide power to charge one EV through one connector at a time.

* * * * *

Connector. The device that attaches an EV to a charging port in order to transfer electricity.

* * * * *

Electric Vehicle (EV). A motor vehicle that is either partially or fully powered on electric power received from an external power source. definition does not include golf carts, electric bicycles, or other micromobility devices.

* * * * *

EV Charger. A device with one or more charging ports and connectors for charging EVs. An EV charger is also called electric vehicle supply equipment (EVSE).

EV Supply Equipment. See EV Charger.

EV Charging Station. The area in the immediate vicinity of a group of EV chargers including the EV chargers, supporting equipment, EV charging space adjacent to the EV chargers, and lanes for vehicle ingress and egress. An EV charging station may be only part of the property on which it is located. An EV charging station may include only one EV charging space.

EV Charging Space. A space to park an EV while charging. An EV charging space may be a marked or an unmarked area adjacent to an EV charger.

* * * * *

ADA Chapter 2: Scoping Requirements

* * * * *

206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces, accessible EV charging spaces, and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

Exceptions: 1. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, no more than one accessible route from a site arrival point to an accessible entrance shall be required.

2. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access.

* * * * *

216.13  [RESERVED]

216.14 EV Charging Spaces.EV charging spaces complying with 507 shall be identified by signs complying with 507.6.

Exceptions: 1. Where a total of four or fewer EV charging spaces, including accessible EV charging spaces, are provided on a site, identification of accessible EV charging spaces shall not be required.

2. In residential facilities, where EV charging spaces are assigned to specific residential dwelling units, identification of accessible EV charging spaces shall not be required.

* * * * *

244 -248  [RESERVED]

249 EV Charging Stations.

249.1 General. Where EV charging stations are provided, EV chargers and EV charging spaces shall be provided in accordance with 249.

Exception: EV charging stations used exclusively for buses, trucks, other delivery vehicles, and law enforcement vehicles, shall not be required to comply with this section 249.

249.2 EV Chargers. EV Chargers shall comply with 506.

249.3 EV Charging Spaces.

249.3.1 Minimum Number. EV charging spaces complying with 507 shall be provided in accordance with Table 249.3.1 except as required by 249.3.1.1. Where there is more than one EV charging station on a site, the number of EV charging spaces complying with 507 shall be calculated according to the number of EV charging spaces at each charging station. Where there is more than one level of EV charger at an EV charging station, the number of EV charging spaces complying with 507 shall be based on the number of spaces available for each level. Accessible EV charging spaces shall not count toward the minimum number of accessible car and van parking spaces required in a parking facility by 208.2.

Table 249.3.1—EV Charging Spaces

Total number of EV charging spaces provided at an EV charging station	Minimum number of required accessible EV charging spaces
1 to 25	1.
26 to 50	2.
51 to 75	3.
76 to 100	4.
101 to 150	5.
151 to 00	6.
201 to 300	7.
301 to 400	8.
401 to 500	9.
501 to 1000	2 percent of total.
1001 and over	20, plus 1 for each 100, or fraction thereof, over 1000.

249.3.1.2 Residential Facilities. EV charging spaces serving residential facilities shall comply with 249.3.1.2.

249.3.1.2.1 EV Charging Spaces for Residents. Where at least one EV charging space is provided for each residential dwelling unit, at least one EV charging space complying with 507 shall be provided for each residential dwelling unit with mobility features required to comply with 809.2 through 809.4.

249.3.1.2.2 Shared-use EV Charging Spaces for Residents. Where the number of EV charging spaces is fewer than the number of residential dwelling units, then the number of EV charging spaces complying with 507 shall be provided in accordance with Table 249.3.1.

249.3.1.2.3 EV Charging Spaces for Guests, Employees, and Other Non- ( print page 71227) Residents. Where EV charging spaces are provided for persons other than residents, EV charging spaces complying with 507 shall be provided in accordance with Table 249.3.1.

249.3.2 Location. EV charging spaces shall comply with 249.3.2.

249.3.2.1 General. EV charging spaces complying with 507 that serve a particular building or facility shall be located on the shortest accessible route from the EV charging spaces to an entrance complying with 206.4 relative to other charging spaces at the same EV charging station. Sites with EV charging stations as the primary function shall include accessible routes that connect EV charging spaces complying with 507 to any amenities on the site and, if provided, pedestrian routes in the public way.

Exception: EV Charging spaces complying with 507 shall be permitted to be located at different EV charging stations if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance, fees, or user convenience.

249.3.2.2 Residential Facilities. In residential facilities containing residential dwelling units required to provide mobility features complying with 809.2 through 809.4, EV charging spaces provided in accordance with 249.3.1.2.1 shall be located on the shortest accessible route to the residential dwelling unit entrance they serve relative to other EV charging spaces at the same charging station. EV charging spaces provided in accordance with 249.3.1.2.2 shall be dispersed throughout all types of EV charging stations ( e.g., covered, garage, charging level) provided for the residential dwelling units.

Exception: EV charging spaces provided in accordance with 249.3.1.2.2 shall not be required to be dispersed throughout all types of EV charging stations if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance, charging level, fees, and user convenience.

4. In appendix C,

a. Amend ABA Chapter 1 by:

i. Revising section F105.1 and the introductory text of F105.2;

ii. Adding section F105.2.6;

iii. In section F106.5 adding definitions for “Charging port“, “Connector”, “Electric vehicle”, “EV charger”, EV supply equipment”, EV charging station”, EV charging space”; and

b. Amend ABA Chapter 2 by:

i. Revising section F206.2.1;

ii. Adding section F216.14; and

iii. Adding section F249;

iv. Removing the text “Chapter 1)” everywhere it appears and adding, in its place, the text “F105)”.

The revisions and additions read as follows:

Appendix C to Part 1191—Architectural Barriers Act: Scoping

ABA Chapter 1: Application and Administration

* * * * *

F105.1 General. The standards listed in F105.2 of this appendix C are incorporated by reference into this appendix C and appendix D to this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available at the U.S. Access Board and at the National Archives and Records Administration (NARA). Contact USAB at: 1331 F Street NW, Suite 1000, Washington, DC 20004; [phone]; or [e-mail]. For information on the availability of this material at NARA, visit www.archives.gov/​federal-register/​cfr/​ibr-locations or email [e-mail]. The material may be obtained from the sources in section F105.2.

F105.2 Reference Standards. Referenced standards. The specific edition of the standards listed in this section are referenced elsewhere in this appendix C and appendix D to this part. Where differences occur between these appendices and the referenced standards, these appendices apply.

* * * * *

F105.2.6 TIA-1083-B

Copies of the referenced standards may be obtained from the Telecommunications Industry (TIA), 1320 North Courthouse Road, Suite 890, Arlington, VA 22201; [phone]; [e-mail]; https://store.accuristech.com/​tia. TIA 1083-B Telecommunications—Communications Products —Handset Magnetic Measurement Procedures and Performance Requirements, October 2015 ( see 709.7.2.2).

* * * * *

F106.5 Defined Terms.

Charging port. The system within an electric vehicle (EV) charger that charges one (1) EV. A charging port may have multiple connectors, but it can only provide power to charge one EV through one connector at a time.

* * * * *

Connector. The device that attaches an EV to a charging port in order to transfer electricity.

* * * * *

Electric Vehicle (EV). A motor vehicle that is either partially or fully powered on electric power received from an external power source. This definition does not include golf carts, electric bicycles, or other micromobility devices.

* * * * *

EV Charger. A device with one or more charging ports and connectors for charging EVs. An EV charger is also called electric vehicle supply equipment (EVSE).

EV Supply Equipment. See EV Charger.

EV Charging Station. The area in the immediate vicinity of a group of EV chargers including the EV chargers, supporting equipment, EV charging space adjacent to the EV chargers, and lanes for vehicle ingress and egress. An EV charging station may be only part of the property on which it is located. An EV charging station may include only one EV charging space.

EV Charging Space. A space to park an EV while charging. An EV charging space may be a marked or an unmarked area adjacent to an EV charger.

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ABA Chapter 2: Scoping Requirements

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F206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces, accessible EV charging spaces, and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

Exceptions: 1. Where exceptions for alterations to qualified historic buildings or facilities are permitted by F202.5, no more than one accessible route from a site arrival point to an accessible entrance shall be required.

2. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access.

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F216.14 EV Charging Spaces. EV charging spaces complying with 507 shall be identified by signs complying with 507.6.

Exceptions: 1. Where a total of four or fewer EV charging spaces, including accessible EV charging spaces are provided on a site, identification of accessible EV charging spaces shall not be required.

2. In residential facilities, where EV charging spaces are assigned to specific residential dwelling units, identification of accessible EV charging spaces shall not be required.

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F249 EV Charging Stations.

F249.1 General. Where EV charging stations are provided, EV chargers and EV charging spaces shall be provided in accordance with F249.

Exception: EV charging stations used exclusively for buses, trucks, other delivery vehicles, and law enforcement vehicles, shall not be required to comply with F249.

F249.2 EV Chargers. EV Chargers shall comply with 506.

F249.3 EV Charging Spaces.

F249.3.1 Minimum Number. EV charging spaces complying with 507 shall be provided in accordance with Table F249.3.1 except as required by F249.3.1.1. Where there is more than one EV charging station on a site, the number of EV charging spaces complying with 507 shall be calculated according to the number of EV charging spaces at each charging station. Where there is more than one level of EV charger at an EV charging station, the number of EV charging spaces complying with 507 shall be based on the number of spaces available for each level. Accessible EV charging spaces shall not count toward the minimum number of accessible car and van parking spaces required in a parking facility by F208.2.

Table F249.3.1—EV Charging Spaces

Total number of EV charging spaces provided at an EV charging station	Minimum number of required accessible EV charging spaces
1 to 25	1.
26 to 50	2.
51 to 75	3.
76 to 100	4.
101 to 150	5.
151 to 200	6.
201 to 300	7.
301 to 400	8.
401 to 500	9.
501 to 1000	2 percent of total.
1001 and over	20, plus 1 for each 100, or fraction thereof, over 1000.