[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Proposed Rules]
[Pages 14571-14578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7687]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1192
[Docket No. 98-1]
RIN 3014-AA23
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 38
Americans With Disabilities Act Accessibility Guidelines for
Transportation Vehicles; Over-the-Road Buses
AGENCIES: Architectural and Transportation Barriers Compliance Board
and Department of Transportation.
ACTION: Joint notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
and the Department of Transportation propose to amend the accessibility
guidelines and standards for over-the-road buses (OTRBs) to include
technical specifications for lifts, ramps, wheelchair securement
devices, and accessible restrooms, under the Americans with
Disabilities Act. Revisions to the specifications for doors, steps, and
lighting are also proposed. The specifications describe the design
features that an OTRB must have to be readily accessible to and usable
by persons who use wheelchairs or other mobility aids. The Department
of Transportation has published a separate notice of proposed
rulemaking elsewhere in today's Federal Register which addresses when
OTRB operators are required to comply with the specifications.
DATES: Comments should be received by May 26, 1998. Late comments will
be considered to the extent practicable.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. Comments will be available for inspection at the above address
from 9:00 a.m. to 5:30 p.m. on regular business days. The Access Board
will provide copies of all comments received to the Department of
Transportation.
FOR FURTHER INFORMATION CONTACT: Access Board: Dennis Cannon, Office of
Technical and Information Services, Architectural and Transportation
Barriers Compliance Board, 1331 F Street, NW., suite 1000, Washington,
DC 20004-1111. Telephone number (202) 272-5434 extension 35 (voice);
(202) 272-5449 (TTY). Electronic mail address: cannon@access-board.gov.
Department of Transportation: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Department of
Transportation, 400 7th Street SW., room 10424, Washington, DC 20590.
Telephone (202) 366-9306 (voice) or (202) 755-7687 (TTY).
The telephone numbers listed above are not toll-free numbers.
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 1 on the telephone keypad, then 1 again, and
requesting publication S-21 (Over-the-Road Buses Proposed Rule).
Persons using a TTY should call (202) 272-5449. Please record a name,
address, telephone number and request publication S-21. This document
is available in alternate formats upon request. Persons who want a copy
in an alternate format should specify the type of format (cassette
tape, Braille, large print, or computer disk). This document is also
available on the Board's Internet site (http://www.access-board.gov/
rules/otrbnprm.htm).
Background
Under the Americans with Disabilities Act of 1990 (ADA), the
Architectural and Transportation Barriers Compliance Board (Access
Board) is responsible for developing guidelines to ensure that the
various kinds of transportation vehicles covered by the law are readily
accessible to and usable by individuals with disabilities.1
42 U.S.C. 12204. The Department of Transportation (DOT), which is
responsible for issuing regulations to implement the transportation
provisions of the ADA, is required to include in its regulations
accessibility standards for vehicles that are consistent with the
Access Board's guidelines. 42 U.S.C. 12186.
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\1\ The Access Board is an independent Federal agency
established by section 502 of the Rehabilitation Act of 1973, as
amended, whose primary mission is to promote accessibility for
individuals with disabilities. The Access Board consists of 25
members. Thirteen are appointed by the President from among the
public, a majority of whom are required to be individuals with
disabilities. The other twelve are heads of the following Federal
agencies or their designees whose positions are Executive Level IV
or above: The Departments of Health and Human Services, Education,
Transportation, Housing and Urban Development, Labor, Interior,
Defense, Justice, Veterans Affairs, and Commerce; General Services
Administration; and United States Postal Service.
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For purposes of the ADA, an over-the-road bus is ``a bus
characterized by an elevated passenger deck located over a baggage
compartment.'' 42 U.S.C. 12181(5). The ADA provides for rulemaking to
establish accessibility requirements for OTRBs operated by private
entities to be conducted in two stages: interim requirements and final
requirements. 42 U.S.C. 12186.2
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\2\ OTRBs purchased by public entities or by a contractor to a
public entity must currently meet the same accessibility
requirements as do other buses, including requirements for lifts or
ramps and wheelchair securement devices. 49 CFR 37.7(c).
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The interim requirements were established in 1991 and do not
require any structural changes to OTRBs. The Access Board issued
accessibility guidelines for OTRBs that provide technical
specifications for non-structural design features such as floor
surfaces, lighting, and handrails and stanchions. 36 CFR 1192.151 to
1192.157. The DOT adopted these guidelines as its standards and also
established interim requirements for providing boarding assistance and
accommodating wheelchairs and other mobility aids. 49 CFR 37.169 and 49
CFR 38.151 to 38.157.
Prior to establishing the final requirements, the Office of
Technology Assessment was to study issues related to OTRB
accessibility. 42 U.S.C. 12185. The Office of Technology Assessment
published its study on May 16, 1993. Requirements for accessibility
were to have taken effect by July 26, 1996, for large transportation
providers, and one year later for small entities. 42 U.S.C. 12186. The
National Highway System Designation Act of 1995 (Pub. L. 104-59),
amended section 306(a)(2)(B)(iii) of the ADA by removing the specific
compliance dates and instead requiring large transportation providers
to comply two years after the issuance of the DOT regulation, and small
providers to comply three years after issuance.
As a preliminary step to issuing requirements, the Access Board and
the DOT held a workshop in Washington,
[[Page 14572]]
D.C. on October 21 and 22, 1993, to discuss issues related to OTRB
accessibility. About 30 representatives of the OTRB industry and
disability organizations attended the workshop. At the workshop, it was
announced that the Access Board and the DOT were considering amending
the accessibility guidelines and standards for OTRBs to include
technical specifications for:
Lifts, ramps, and wheelchair securement devices based on
existing requirements for other buses in 36 CFR 1192.23 and 49 CFR
38.23;
Accessible restrooms based on existing requirements for
commuter and intercity rail cars in 36 CFR 1192.107 and 1192.123, and
49 CFR 38.107 and 38.123; and
Front door width, overhead clearance for doors with lifts
or ramps, and step riser height and tread depth.
This notice of proposed rulemaking (NPRM) is issued jointly by the
Access Board and the DOT to amend the accessibility guidelines and
standards for OTRBs, as discussed at the workshop. The NPRM also
proposes to revise the exterior lighting specification for OTRBs and
other buses based on an equivalent facilitation determination made by
the DOT.
The DOT is publishing a separate NPRM elsewhere in today's Federal
Register which addresses when OTRB operators are required to comply
with the specifications.
Section-by-Section Analysis
Section____.31 Lighting
The NPRM proposes to amend paragraph (c) of this section for
standard urban transit buses to conform to the proposal for OTRBs. See
the discussion under Section____.157
Section____.153 Doors, Steps and Thresholds
The NPRM proposes to amend paragraph (b) of this section by adding
a requirement for a maximum step riser height (8 inches) and minimum
step tread depth (11 inches) based on accessibility standards for
buildings and facilities. The DOT's regulations currently require that
standees be permitted to use lifts. 49 CFR 37.165(g). However, the rise
of a lift for an OTRB is much higher than for a typical urban transit
bus. The higher rise may make some persons with disabilities,
especially those with poor balance, feel uncomfortable and insecure
about using the lift, even though it is required to have handrails.
Provisions for step riser height and tread depth were originally
proposed for other buses in 1991 but not adopted at the time because
lifts were required to accommodate standees and because there were
structural difficulties in achieving the proposed provisions.
Subsequently, new vehicle designs such as several models of low-floor
buses, have made the reduction of step risers practical for urban
transit buses. Designs for OTRBs also may have changed since 1991.
Question 1: Should minimum requirements for step riser height and
tread depth be established for OTRBs? Are the proposed requirements
achievable within the constraints imposed by vehicle structure? Are
other requirements more appropriate? Alternatively, are there current
lift designs (e.g., folding seats) which would reduce the feeling of
insecurity a standee using the lift might experience?
The NPRM proposes to amend paragraph (c) of this section to specify
a minimum front door width (30 inches) consistent with other vehicles.
This door width is intended to partially accommodate persons using
crutches or leg braces or having gait problems who may wish to use the
steps instead of the lift. Doors in accessible buildings and facilities
are required to provide a 32 inch clear opening based on the crutchtip-
to-crutchtip stance of a crutch user. The narrower dimension proposed
in the NPRM will provide better access than current OTRB designs for
persons who must swing their legs to climb steps. Since a wider opening
is needed primarily at the bottom of the door and current designs
frequently slope the windshield inward, the proposed requirement would
permit the door to taper from a point 48 inches above the first step.
It would also limit the intrusion into the required clear width by
hinges or other operating mechanisms.
Question 2: Some OTRB designs have doors which are wider than 30
inches. Is a 32 inch width achievable? What would be the cost if
engineering changes are needed?
The NPRM proposes to add a new paragraph (d) to this section which
specifies a minimum overhead clearance (68 inches) between the top of
the door opening and the raised lift platform or highest point of a
ramp. A similar provision currently applies to other buses over 22 feet
in length. 36 CFR 1192.25(c) and 49 CFR 38.25(c). This clearance is
intended to minimize the likelihood that standees using a lift would
hit their heads when passing through the door. A lower clearance is
required for vehicles of 22 feet or less in length to avoid having to
add a large raised roof to a minivan which could make the vehicle
unstable. This is not a problem for large buses.
Unlike urban transit buses, lifts for OTRBs have been placed in a
dedicated door near the rear of the vehicle. Typical lift doors for
OTRBs have a vertical clearance of 61 inches. Some OTRBs have been
designed with a 68 inch clearance at the lift door.
Question 3: What OTRB models can meet a 68 inch clearance at the
lift door? What are the structural and cost implications of achieving
this height? Should requirements be established for both step riser
height and tread depths at the front door and overhead clearance at the
lift door, or should these requirements be considered alternatives to
one another?
The DOT has previously determined for other buses that an
``elevator'' type lift provides equivalent facilitation to the door
height provision. The platform of an ``elevator'' type lift moves
completely within the vehicle envelope. A standee would board the lift
from ground level by passing through the doorway with a clearance
greater than 68 inches and be raised within the bus. Thus, a standee
would never need to pass through the doorway when the lift is raised
and would not encounter the door lintel. There is at least one
``elevator'' type lift for OTRBs.
Question 4: Should ``elevator'' type lifts be specifically
addressed in the guidelines and standards? Information is requested on
these lift designs, their cost, and how much baggage space is occupied
when the device is stowed.
Some information has recently come to the Board's attention
regarding the effect of providing a lift door in the side of a
monocoque construction bus. The Board seeks data, including the results
of any engineering studies, which document any structural problems and
effect on bus life-cycle costs. In some accessible OTRB designs, the
lift door is placed toward the rear, close to the rear wheels, while in
others it is placed at the bus mid-point, at the maximum bending moment
of the vehicle.
Question 5: What effect does door placement have on the structural
integrity of a monocoque construction OTRB? Also, urban transit buses
have had rear doors for years, some wider than others and some with
lifts. What are the comparisons between urban transit buses and OTRBs
in terms of life-cycles? Some transit buses no longer employ monocoque
construction. Are there OTRBs which also no longer employ monocoque
construction?
Section____.157 Lighting
The NPRM proposes to delete the requirement in paragraph (b) of
this
[[Page 14573]]
section that exterior lights be mounted below window level. The
original provision was based on an earlier Federal Transit
Administration regulation. 49 CFR 609.15(g)(3). Subsequent to the
issuance of that regulation, the Federal Transit Administration began
accepting buses which conform to the ``Baseline Specifications for
Advance Design Buses'' (White Book). The White Book permits exterior
lights to be mounted in locations other than below the windows. The DOT
has determined that compliance with the exterior lighting requirements
of the White Book constitutes equivalent facilitation. The NPRM also
proposes to delete a similar requirement for other buses in 36 CFR
1192.31(c) and 49 CFR 38.31(c).
Section____.159 Mobility Aid Accessibility
This section is based on the current requirements for lifts, ramps,
and wheelchair securement devices in 36 CFR 1192.23 and 49 CFR 38.23
which apply to urban transit buses and OTRBs purchased by public
entities. The section has been modified by eliminating the references
to vehicles of 22 feet or less in length since all OTRBs exceed this
length. Paragraph (a)(2), which is taken from the requirements for rail
vehicles, permits OTRBs to use station-based lifts, ramps, or similar
boarding devices, provided they meet the technical requirements that
would have applied to a vehicle-borne device.
The requirements for securement devices in paragraph (d) are the
same as those currently required for urban transit buses and OTRBs
purchased by public entities. Bus seats are required to be attached to
the bus frame and meet specified forces. The design load established
for securement devices is based on the need to secure the wheelchair or
mobility aid with constraints similar to those imposed on all other
seats.
Question 6a: Are OTRB seats required to meet force and attachment
strengths greater than the seats on urban transit buses? If so, what
are those forces and how do they relate to requirements for mobility
aid securement devices?
Considerable speculation has been put forth regarding whether the
securement force requirements for urban transit buses are adequate for
OTRBs. The concern is that OTRBs often travel at higher speeds than
urban transit buses and collisions would be at higher speeds. However,
it is not the speed per se but the ``g-forces'' experienced that is
important. Since larger vehicles have their own momentum, the
deceleration of a mobility aid with respect to the securement device is
less for heavier vehicles. Thus, the current securement device force
requirements are greater for small vans than for large buses. 36 CFR
1191.23(d)(1) and 49 CFR 38.23(d)(1).
Question 6b: Since OTRBs are generally heavier than urban transit
buses, how will this weight difference affect securement device forces?
Several public transit agencies, and some state agencies, currently
operate OTRBs for commuter service on highways at high speed. These
vehicles must meet not only the requirements for force, but the
limitation on motion of the mobility aid and the requirement for
accommodating all common wheelchairs and mobility aids. These
securement systems consist of belts or straps that are fastened by the
vehicle operator. There is no known commercially available system which
is independently operable by the mobility aid user that can accommodate
all common wheelchairs and mobility aids, but the common belt systems
have been used for many years in public transit applications.
Question 6c: What has been the experience of operators of OTRBs
meeting the current securement specification?
Section____.161 Restrooms
Section 306(a)(2)(C) of the ADA specifies that the DOT regulation
shall not require the installation of accessible restrooms in OTRBs if
such installation would result in a loss of seating capacity. DOT has
stated in its NPRM that it has found no designs which do not result in
seat loss and, therefore, does not intend to require them.
Nevertheless, some entities have elected to provide accessible
restrooms as a courtesy to their passengers with disabilities. The
specifications in this section are meant to ensure that, where such
restrooms are provided voluntarily, they meet some minimum
accessibility requirements. However, these technical provisions may be
more appropriate for the advisory guidance in the Appendix than the
rule itself.
This section is derived from current requirements for restrooms on
commuter and intercity rail cars in 36 CFR 1192.107 and 1192.123, and
49 CFR 38.107 and 38.123. The rail car requirement relating to a door
from the side has been deleted since the width restrictions on OTRBs
would generally preclude a side entrance. The requirement for a 60 inch
clear floor space from the front of the water closet is designed to
provide some maneuvering space for side door entry. If the entry is
from the end opposite the water closet, a shorter space may be
workable. These requirements are considered the bare minimum and
persons with disabilities have reported difficulty in using current
rail car restrooms which meet these requirements.
At least two OTRB manufacturers have designed accessible restrooms
for their buses. Also, OTRBs with accessible restrooms are currently
operating in commuter service near Los Angeles, California. However,
those restrooms may not meet the requirements of this section and a
wheelchair user must back into the restroom. The particular design does
provide a side approach to the water closet, unlike the rail car
version.
Question 7: Are there OTRB restroom designs which provide better
accessibility than proposed? Are such restrooms currently in production
or available if ordered? What is the cost of providing such restrooms
and how many seats are displaced by the design?
In addition, some OTRB operators have provided moveable aisle
armrests on some seats. These armrests make it easier for persons to
get in and out of closely spaced seats, especially for those with poor
balance or mobility.
Question 8: Should a certain percentage of seats be required to
have moveable aisle armrests? If so, what percentage and where should
they be located (e.g., close to the entry steps)?
Finally, seat loss is a concern of OTRB operators. Some OTRB
designs involve sliding sets of pedestal seats forward, rendering them
unusable when a wheelchair or mobility aid user is occupying the
securement location. Also, some configurations assume a five-foot
turning circle must be provided, whereas the vehicle specifications do
not require it.
Question 9: What seating configurations have been designed for
OTRBs? Has any configuration been developed which would allow a fixed
seat adjacent to the securement location for a traveling companion?
Regulatory Process Matters
This proposed rule is jointly issued by the Access Board and the
DOT to amend the accessibility guidelines and standards for OTRBs by
adding technical specifications for lifts, ramps, wheelchair securement
devices, and accessible restrooms. The proposed rule also revises
technical specifications for doors, steps, and lighting. DOT has
published a separate proposed rule in today's Federal Register which
addresses when OTRB operators are required to comply with the technical
specifications. The proposed rules are closely related and the Access
Board
[[Page 14574]]
and the DOT have treated them as a single regulatory action for
purposes of Executive Order 12866 and the Regulatory Flexibility Act in
order to avoid duplicative or unnecessary analyses. The proposed rules
are a significant regulatory action under Executive Order 12866 and
DOT's Regulatory Policies and Procedures. DOT has prepared a Regulatory
Impact Analysis (RIA), which is summarized in the separate proposed
rule the DOT has published in today's Federal Register. The Office of
Management and Budget has reviewed both proposed rules.
The proposed rules are likely to have a significant impact on a
substantial number of small entities. DOT has incorporated a Regulatory
Flexibility Analysis into the RIA and has included provisions in the
separate proposed rule published in today's Federal Register to reduce
the burden on small OTRB operators.
Text of Proposed Common Rule
The text of the proposed common rule amendments to 36 CFR part 1192
and 49 CFR part 38 appear below.
1. Section ____.31 is amended by revising paragraph (c) to read as
follows:
Sec. ____.31 Lighting.
* * * *
(c) The vehicle doorways, including doorways in which lifts or
ramps are installed, shall have outside light(s) which, when the door
is open, provide at least 1 foot-candle of illumination on the street
surface for a distance 3 feet (915 mm) perpendicular to all points on
the bottom step tread outer edge. Such light(s) shall be shielded to
protect the eyes of entering and exiting passengers.
2. Section ____.153 is amended by revising paragraphs (b) and (c),
and by adding paragraph (d) to read as follows:
Sec. ____.153 Doors, steps and thresholds.
* * * * *
(b) All step edges shall have a band of color(s) running the full
width of the step which contrasts from the step tread and riser, either
dark-on-light or light-on-dark. The maximum height of step risers shall
be 8 inches (200 mm) and the minimum tread depth shall be 11 inches
(280 mm).
(c) Doors shall have a minimum clear width when open of 30 inches
(760 mm), measured from the lowest step to a height of at least 48
inches (1220 mm), from which point they may taper to a minimum width of
27 inches (690 mm). The clear width may be reduced by a maximum of 4
inches (100 mm) by protrusions of hinges or other operating mechanisms
if the protrusion is between 44 (1120 mm) and 48 inches (1220 mm) above
the lowest step.
(d) The overhead clearance between the top of the door opening and
the raised lift platform, or highest point of a ramp, shall be a
minimum of 68 inches (1730 mm).
3. Section ____.157 is amended by revising paragraph (b) to read as
follows:
Sec. ____.157 Lighting.
* * * * *
(b) The vehicle doorway shall have outside light(s) which, when the
door is open, provide at least 1 foot-candle of illumination on the
street surface for a distance 3 feet (915 mm) perpendicular to all
points on the bottom step tread outer edge. Such light(s) shall be
shielded to protect the eyes of entering and exiting passengers.
4. Section ____.159 is revised to read as follows:
Sec. ____.159 Mobility aid accessibility.
(a)(1) General. All vehicles covered by this subpart shall provide
a level-change mechanism or boarding device (e.g., lift or ramp)
complying with paragraph (b) or (c) of this section and sufficient
clearances to permit a wheelchair or other mobility aid user to reach a
securement location. At least two securement locations and devices,
complying with paragraph (d) of this section, shall be provided.
(2) Exception: If portable or station-based lifts, ramps or bridge
plates meeting the applicable requirements of this section are provided
at stations or other stops required to be accessible under regulations
issued by the Department of Transportation, the bus is not required to
be equipped with a vehicle-borne device.
(b) Vehicle lift--(1) Design load. The design load of the lift
shall be at least 600 pounds (2665 N). Working parts, such as cables,
pulleys, and shafts, which can be expected to wear, and upon which the
lift depends for support of the load, shall have a safety factor of at
least six, based on the ultimate strength of the material. Nonworking
parts, such as platform, frame and attachment hardware which would not
be expected to wear, shall have a safety factor of at least three,
based on the ultimate strength of the material.
(2) Controls--(i) Requirements. The controls shall be interlocked
with the vehicle brakes, transmission, or door, or shall provide other
appropriate mechanisms or systems, to ensure that the vehicle cannot be
moved when the lift is not stowed and so the lift cannot be deployed
unless the interlocks or systems are engaged. The lift shall deploy to
all levels (i.e., ground, curb, and intermediate positions) normally
encountered in the operating environment. Where provided, each control
for deploying, lowering, raising, and stowing the lift and lowering the
roll-off barrier shall be of a momentary contact type requiring
continuous manual pressure by the operator and shall not allow improper
lift sequencing when the lift platform is occupied. The controls shall
allow reversal of the lift operation sequence, such as raising or
lowering a platform that is part way down, without allowing an occupied
platform to fold or retract into the stowed position.
(ii) Exception. Where the lift is designed to deploy with its long
dimension parallel to the vehicle axis and which pivots into or out of
the vehicle while occupied (i.e., ``rotary lift''), the requirements of
this paragraph prohibiting the lift from being stowed while occupied
shall not apply if the stowed position is within the passenger
compartment and the lift is intended to be stowed while occupied.
(3) Emergency operation. The lift shall incorporate an emergency
method of deploying, lowering to ground level with a lift occupant, and
raising and stowing the empty lift if the power to the lift fails. No
emergency method, manual or otherwise, shall be capable of being
operated in a manner that could be hazardous to the lift occupant or to
the operator when operated according to manufacturer's instructions,
and shall not permit the platform to be stowed or folded when occupied,
unless the lift is a rotary lift and is intended to be stowed while
occupied.
(4) Power or equipment failure. Platforms stowed in a vertical
position, and deployed platforms when occupied, shall have provisions
to prevent their deploying, falling, or folding any faster than 12
inches/second (305 mm/sec) or their dropping of an occupant in the
event of a single failure of any load carrying component.
(5) Platform barriers. The lift platform shall be equipped with
barriers to prevent any of the wheels of a wheelchair or mobility aid
from rolling off the platform during its operation. A movable barrier
or inherent design feature shall prevent a wheelchair or mobility aid
from rolling off the edge closest to the vehicle until the platform is
in its fully raised position. Each side of the lift platform which
extends beyond the vehicle in its raised position shall have a barrier
a minimum 1-\1/2\ inches (13 mm) high. Such barriers shall not
interfere with maneuvering into or out of the aisle. The loading-edge
barrier (outer barrier) which functions as a loading ramp when the lift
is at ground
[[Page 14575]]
level, shall be sufficient when raised or closed, or a supplementary
system shall be provided, to prevent a power wheelchair or mobility aid
from riding over or defeating it. The outer barrier of the lift shall
automatically raise or close, or a supplementary system shall
automatically engage, and remain raised, closed, or engaged at all
times that the platform is more than 3 inches (75 mm) above the roadway
or sidewalk and the platform is occupied. Alternatively, a barrier or
system may be raised, lowered, opened, closed, engaged, or disengaged
by the lift operator, provided an interlock or inherent design feature
prevents the lift from rising unless the barrier is raised or closed or
the supplementary system is engaged.
(6) Platform surface. The platform surface shall be free of any
protrusions of \1/4\ inch (6.5 mm) high and shall be slip resistant.
The platform shall have a minimum clear width of 28-\1/2\ inches (725
mm) at the platform, a minimum clear width of 30 inches (760 mm)
measured from 2 inches (50 mm) above the platform surface to 30 inches
(760 mm) above the platform, and a minimum clear length of 48 inches
(1220 mm) measured from 2 inches (50 mm) above the surface of the
platform to 30 inches (760 mm) above the surface of the platform. (See
Fig. 1 to this part)
(7) Platform gaps. Any openings between the platform surface and
the raised barriers shall not exceed \5/8\ inch (16 mm) in width. When
the platform is at vehicle floor height with the inner barrier (if
applicable) down or retracted, gaps between the forward lift platform
edge and the vehicle floor shall not exceed \1/2\ inch (13 mm)
horizontally and \5/8\ inch (16 mm) vertically. Platforms on semi-
automatic lifts may have a hand hold not exceeding 1-\1/2\ inches (28
mm) by 4-\1/2\ inches (113 mm) located between the edge barriers.
(8) Platform entrance ramp. The entrance ramp, or loading-edge
barrier used as a ramp, shall not exceed a slope of 1:8, measured on
level ground, for a maximum rise of 3 inches (75 mm), and the
transition from roadway or sidewalk to ramp may be vertical without
edge treatment up to \1/4\ inch (6.5 mm) . Thresholds between \1/4\
inch (6.5 mm) and \1/2\ inch (13 mm) high shall be beveled with a slope
no greater than 1:2.
(9) Platform deflection. The lift platform (not including the
entrance ramp) shall not deflect more than 3 degrees (exclusive of
vehicle roll or pitch) in any direction between its unloaded position
and its position when loaded with 600 pounds (2665 N) applied through a
26 inch (660 mm) by 26 inch test pallet at the centroid of the
platform.
(10) Platform movement. No part of the platform shall move at a
rate exceeding 6 inches/second (150 mm/sec) during lowering and lifting
an occupant, and shall not exceed 12 inches/second (300 mm/sec) during
deploying or stowing. This requirement does not apply to the deployment
or stowage cycles of lifts that are manually deployed or stowed. The
maximum platform horizontal and vertical acceleration when occupied
shall be 0.3g.
(11) Boarding direction. The lift shall permit both inboard and
outboard facing of wheelchair and mobility aid users.
(12) Use by standees. Lifts shall accommodate persons using
walkers, crutches, canes or braces or who otherwise have difficulty
using steps. The platform may be marked to indicate a preferred
standing position.
(13) Handrails. Platforms on lifts shall be equipped with handrails
on two sides, which move in tandem with the lift, and which shall be
graspable and provide support to standees throughout the entire lift
operation. Handrails shall have a usable component at least 8 inches
(200 mm) long with the lowest portion a minimum 30 inches (760 mm)
above the platform and the highest portion a maximum 38 inches (965 mm)
above the platform. The handrails shall be capable of withstanding a
force of 100 pounds (445 N) concentrated at any point on the handrail
without permanent deformation of the rail or its supporting structure.
The handrail shall have a cross-sectional diameter between 1-\1/4\
inches (32 mm) and 1-\1/2\ inches (38 mm) or shall provide an
equivalent grasping surface, and have eased edges with corner radii of
not less than \1/8\ inch (3.5 mm). Handrails shall be placed to provide
a minimum 1-\1/2\ inches (38 mm) knuckle clearance from the nearest
adjacent surface. Handrails shall not interfere with wheelchair or
mobility aid maneuverability when entering or leaving the vehicle.
(c) Vehicle ramp--(1) Design load. Ramps 30 inches (760 mm) or
longer shall support a load of 600 pounds (2665 N), placed at the
centroid of the ramp distributed over an area of 26 inches by 26 inches
(660 mm by 660 mm), with a safety factor of at least 3 based on the
ultimate strength of the material. Ramps shorter than 30 inches (760
mm) shall support a load of 300 pounds (1332 N).
(2) Ramp surface. The ramp surface shall be continuous and slip
resistant; shall not have protrusions from the surface greater than \1/
4\ inch (6.5 mm) high; shall have a clear width of 30 inches (760 mm);
and shall accommodate both four-wheel and three-wheel mobility aids.
(3) Ramp threshold. The transition from roadway or sidewalk and the
transition from vehicle floor to the ramp may be vertical without edge
treatment up to \1/4\ inch (6.5 mm). Changes in level between \1/4\
inch (6.5 mm) and \1/2\ inch (13 mm) shall be beveled with a slope no
greater than 1:2.
(4) Ramp barriers. Each side of the ramp shall have barriers at
least 2 inches (50 mm) high to prevent mobility aid wheels from
slipping off.
(5) Slope. Ramps shall have the least slope practicable and shall
not exceed 1:4 when deployed to ground level. If the height of the
vehicle floor from which the ramp is deployed is 3 inches (75 mm) or
less above a 6 inch (150 mm) curb, a maximum slope of 1:4 is permitted;
if the height of the vehicle floor from which the ramp is deployed is 6
inches (150 mm) or less, but greater than 3 inches (75 mm), above a 6
inch (150 mm) curb, a maximum slope of 1:6 is permitted; if the height
of the vehicle floor from which the ramp is deployed is 9 inches (225
mm) or less, but greater than 6 inches (150 mm), above a 6 inch curb, a
maximum slope of 1:8 is permitted; if the height of the vehicle floor
from which the ramp is deployed is greater than 9 inches (225 mm) above
a 6 inch (150 mm) curb, a slope of 1:12 shall be achieved. Folding or
telescoping ramps are permitted provided they meet all structural
requirements of this section.
(6) Attachment. When in use for boarding or alighting, the ramp
shall be firmly attached to the vehicle so that it is not subject to
displacement when loading or unloading a heavy power mobility aid and
that no gap between vehicle and ramp exceeds \5/8\ inch (16 mm).
(7) Stowage. A compartment, securement system, or other appropriate
method shall be provided to ensure that stowed ramps, including
portable ramps stowed in the passenger area, do not impinge on a
passenger's wheelchair or mobility aid or pose any hazard to passengers
in the event of a sudden stop or maneuver.
(8) Handrails. If provided, handrails shall allow persons with
disabilities to grasp them from outside the vehicle while starting to
board, and to continue to use them throughout the boarding process, and
shall have the top between 30 inches (760 mm) above the ramp surface.
The handrails shall be capable of withstanding a force of 100 pounds
(445 N) concentrated at any point on the handrail without permanent
deformation of the rail or its supporting
[[Page 14576]]
structure. The handrail shall have a cross-sectional diameter between
1\1/4\ inches (32 mm) and 1\1/2\ inches (38 mm) or shall provide an
equivalent grasping surface, and have eased edges with corner radii of
not less than \1/8\ inch (3.5 mm). Handrails shall not interfere with
wheelchair or mobility aid maneuverability when entering or leaving the
vehicle.
(d) Securement devices--(1) Design load. Securement systems, and
their attachments to vehicles, shall restrain a force in the forward
longitudinal direction of up to 2,000 pounds (8,880 N) per securement
leg or clamping mechanism and a minimum of 4,000 pounds (17,760 N) for
each mobility aid.
(2) Location and size. The securement system shall be placed as
near to the accessible entrance as practicable and shall have a clear
floor area of 30 inches (760 mm) by 48 inches (1220 mm). Such space
shall adjoin, and may overlap, an access path. Not more than 6 inches
(150 mm) of the required clear floor space may be accommodated for
footrests under another seat, modesty panel, or other fixed element
provided there is a minimum of 9 inches (230 mm) from the floor to the
lowest part of the seat overhanging the space. Securement areas may
have fold-down seats to accommodate other passengers when a wheelchair
or mobility aid is not occupying the area, provided the seats, when
folded up, do not obstruct the clear floor space required. (See Fig. 2
to this part)
(3) Mobility aids accommodated. The securement system shall secure
common wheelchairs and mobility aids and shall either be automatic or
easily attached by a person familiar with the system and mobility aid
and having average dexterity.
(4) Orientation. At least one securement device or system required
by paragraph (a) of this section shall secure the wheelchair or
mobility aid facing toward the front of the vehicle. Additional
securement devices or systems shall secure the wheelchair or mobility
aid facing forward or rearward. Where the wheelchair or mobility aid is
secured facing the rear of the vehicle, a padded barrier shall be
provided. The padded barrier shall extend from a height of 38 inches
(965 mm) from the vehicle floor to a height of 56 inches (1420 mm) from
the vehicle floor with a width of 18 inches (455 mm), laterally
centered immediately in back of the seated individual. Such barriers
need not be solid provided equivalent protection is afforded.
(5) Movement. When the wheelchair or mobility aid is secured in
accordance with manufacturer's instructions, the securement system
shall limit the movement of an occupied wheelchair or mobility aid to
no more than 2 inches (50 mm) in any direction under normal vehicle
operating conditions.
(6) Stowage. When not being used for securement, or when the
securement area can be used by standees, the securement system shall
not interfere with passenger movement, shall not present any hazardous
condition, shall be reasonably protected from vandalism, and shall be
readily accessed when needed for use.
(7) Seat belt and shoulder harness. For each wheelchair or mobility
aid securement device provided, a passenger seat belt and shoulder
harness, complying with all applicable provisions of the Federal Motor
Vehicle Safety Standards, shall also be provided for use by wheelchair
or mobility aid users. Such seat belts and shoulder harnesses shall not
be used in lieu of a device which secures the wheelchair or mobility
aid itself.
5. Section ____.161 is added to subpart G to read as follows:
Sec. ____.161 Restrooms.
(a) If an accessible restroom is provided, it shall be designed so
as to allow a person using a wheelchair or mobility aid to enter and
use such restroom as specified in paragraphs (a) (1) through (5) of
this section.
(1) The minimum clear floor area shall be 35 inches (890 mm) by 60
inches (1525 mm). Permanently installed fixtures may overlap this area
a maximum of 6 inches (150 mm), if the lowest portion of the fixture is
a minimum of 9 inches (230 mm) above the floor, and may overlap a
maximum of 19 inches (485 mm), if the lowest portion of the fixture is
a minimum of 29 inches (740 mm) above the floor, provided such fixtures
do not interfere with access to the water closet. Fold-down or
retractable seats or shelves may overlap the clear floor space at a
lower height provided they can be easily folded up or moved out of the
way.
(2) The height of the water closet shall be 17 inches (430 mm) to
19 inches (485 mm) measured to the top of the toilet seat. Seats shall
not be sprung to return to a lifted position.
(3) A grab bar at least 24 inches (610 mm) long shall be mounted
behind the water closet, and a horizontal grab bar at least 40 inches
(1015 mm) long shall be mounted on at least one side wall, with one end
not more than 12 inches (305 mm) from the back wall, at a height
between 33 inches (840 mm) and 36 inches (915 mm) above the floor.
(4) Faucets and flush controls shall be operable with one hand and
shall not require tight grasping, pinching, or twisting of the wrist.
The force required to activate controls shall be no greater than 5 lbs
(22.2 N). Controls for flush valves shall be mounted no more than 44
inches (1120 mm) above the floor.
(5) Doorways on the end of the enclosure, opposite the water
closet, shall have a minimum clear opening width of 32 inches (815 mm).
Door latches and hardware shall be operable with one hand and shall not
require tight grasping, pinching, or twisting of the wrist.
(b) Accessible restrooms shall be in close proximity to at least
one seating location for persons using mobility aids and shall be
connected to such a space by an unobstructed path having a minimum
width of 32 inches (815 mm).
6. A heading is added at the end of part ____ preceding the figures
to read as follows:
Figures to Part ____
7. Figures 1 and 2 are republished for the convenience of the
reader to read as follows:
BILLING CODES 8150-01-P; 4910-62-P
[[Page 14577]]
[GRAPHIC] [TIFF OMITTED] TP25MR98.006
BILLING CODES 8150-01-C; 4910-62-C
[[Page 14578]]
Adoption of Proposed Common Rule
The agency specific proposals to adopt the common rule, which
appears at the end of the common preamble, are set forth below.
Architectural and Transportation Barriers Compliance Board
36 CFR Part 1192
List of Subjects in 36 CFR Part 1192
Buses, Civil rights, Individuals with disabilities, Mass
transportation, Railroads, Transportation.
Authority and Issuance
For the reasons set forth in the common preamble, part 1192 of
title 36 of the Code of Federal Regulations is proposed to be amended
as follows:
PART 1192--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR TRANSPORTATION VEHICLES
1. The authority citation for 36 CFR part 1192 is revised to read
as follows:
Authority: 42 U.S.C. 12204.
Sec. 1192.31 [Amended]
2. Section 1192.31 is amended by revising paragraph (c) to read as
set forth at the end of the common preamble.
Sec. 1192.153 [Amended]
3. Section 1192.153 is amended by revising paragraphs (b) and (c),
and by adding paragraph (d) to read as set forth at the end of the
common preamble.
Sec. 1192.157 [Amended]
4. Section 1192.157 is amended by revising paragraph (b) to read as
set forth at the end of the common preamble.
Sec. 1192.159 [Revised]
5. Section 1192.159 is revised to read as set forth at the end of
the common preamble.
Sec. 1192.161 [Added]
6. Section 1192.161 is added to subpart G to read as set forth at
the end of the common preamble.
7. A heading is added at the end of part 1192 preceding the figures
to read as set forth at the end of the common preamble.
Authorized by vote of the Access Board on January 28, 1998.
Patrick D. Cannon,
Chair, Architectural and Transportation Barriers Compliance Board.
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 38
List of Subjects in 49 CFR Part 38
Buses, Civil rights, Individuals with disabilities, Mass
transportation, Railroads, Transportation.
Authority and Issuance
For the reasons set forth in the common preamble, part 38 of title
49 of the Code of Federal Regulations is amended as follows:
PART 38--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
SPECIFICATIONS FOR TRANSPORTATION VEHICLES
1. The authority citation for 49 CFR part 38 is revised to read as
follows:
Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.
Sec. 38.31 [Amended]
2. Section 38.31 is amended by revising paragraph (c) to read as
set forth at the end of the common preamble.
Sec. 38.153 [Amended]
3. Section 38.153 is amended by revising paragraphs (b) and (c),
and by adding paragraph (d) to read as set forth at the end of the
common preamble.
Sec. 38.157 [Amended]
4. Section 38.157 is amended by revising paragraph (b) to read as
set forth at the end of the common preamble.
Sec. 38.159 [Revised]
5. Section 38.159 is revised to read as set forth at the end of the
common preamble.
38.161 [Added]
6. Section 38.161 is added to subpart G to read as set forth at the
end of the common preamble.
7. A heading is added at the end of part 38 preceding the figures
to read as set forth at the end of the common preamble.
Dated: March 19, 1998.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 98-7687 Filed 3-20-98; 11:24 am]
BILLING CODE 8150-01-P, 4910-62-P
