51694 Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations provided, and the number of times (b) Beginning October 30, 2006, the 5. Address: lllllllllllllll compensation was paid. It shall also Department will review the lllllllllllllllllllll include the name, address, telephone requirements of §§ 37.183, 37.185, 6. Phone number: llllllllllll number, and contact person name for 37.187, 37.191 and 37.193(a) and their 7. Date and time of trip: lllllllll 8. Location of need for equivalent service: the operator. implementation. The Department will lllllllllllllllllllll (c) Beginning October 30, 2000 for complete this review by October 29, 9. Was equivalent service provided for trip? large operators, and October 29, 2001 for 2007. Yesll noll small operators, and on that date in each (1) As part of this review, the 10. If the answer to items 9 and 10 is no, year thereafter, each fixed-route Department will consider factors attach documentation that compensation operator shall submit to the Department including, but not necessarily limited required by Department of a report on how many passengers with to, the following: Transportation regulations was paid. disabilities used the lift to board (i) The percentage of accessible buses [FR Doc. 98–25421 Filed 9–24–98; 2:15 pm] in the fixed-route fleets of large and accessible buses. For fixed-route BILLING CODE 4910±62±P operators, the report shall reflect small fixed-route operators. separately the data pertaining to 48-hour (ii) The success of small and large advance reservation service and other fixed-route operators’ interim or ARCHITECTURAL AND service. equivalent service at meeting the TRANSPORTATION BARRIERS (d) Each operator shall submit to the requests of passengers with disabilities COMPLIANCE BOARD Department, October 28, 1999 and each for accessible buses in a timely manner. year thereafter on that date, a summary (iii) The ridership of small and large 36 CFR Part 1192 report listing the number of new buses operators’ fixed-route service by and used buses it has purchased or passengers with disabilities. DEPARTMENT OF TRANSPORTATION leased during the preceding year, and (iv) The volume of complaints by how many of the buses in each category passengers with disabilities. Office of the Secretary are accessible. It shall also include the (v) Cost and service impacts of 49 CFR Part 38 total number of buses in the operator’s implementation of the requirements of fleet and the name, address, telephone these sections. RIN 2105±AC00 (2) The Department will make one of number, and contact person name for the following decisions on the basis of the operator. Americans with Disabilities Act (e) The information required to be the review: Accessibility Guidelines for (i) Retain §§ 37.183, 37.185, 37.187, submitted to the Department shall be Transportation Vehicles; Over-the- 37.191, 37.193(a) without change; or Road Buses sent to the following address: Bureau of (ii) Modify the requirements of Transportation Statistics, 400 7th Street, §§ 37.183, 37.185, 37.187, 37.191, AGENCIES: Architectural and SW., Washington, DC 20590. 37.193(a) for large and/or small fixed- Transportation Barriers Compliance § 37.215 Review of requirements. route operators. Board and Department of Transportation. (a) Beginning October 28, 2005, the Appendix A to Subpart H of Part 37— ACTION: Department will review the Forms for Advance Notice Requests and Joint final rule. requirements of § 37.189 and their Provision of Equivalent Service SUMMARY: The Architectural and implementation. The Department will Transportation Barriers Compliance complete this review by October 30, Form A—For Use by Providers of Advance Notice Service Board and the Department of 2006. llllllllllll Transportation amend the accessibility (1) As part of this review, the 1. Operator’s name 2. Address lllllllllllllll guidelines and standards under the Department will consider factors lllllllllllllllllllll Americans with Disabilities Act for including, but not necessarily limited 3. Phone number: llllllllllll over-the-road buses (OTRBs) to include to, the following: 4. Passenger’s name: lllllllllll scoping and technical provisions for (i) The percentage of accessible buses lllllllllllllll 5. Address: lifts, ramps, wheelchair securement in the demand-responsive fleets of large lllllllllllllllllllll devices, and moveable aisle armrests. and small demand-responsive operators. 6. Phone number: llllllllllll Revisions to the specifications for doors (ii) The success of small and large 7. Scheduled date and time of trip: llll and lighting are also adopted. The demand-responsive operators’ service at 8. Date and time of request: llllllll specifications describe the design meeting the requests of passengers with 9. Was accessible bus provided for trip? ll ll features that an OTRB must have to be disabilities for accessible buses in a Yes no readily accessible to and usable by timely manner. 10. Was there a basis recognized by U.S. Department of transportation regulations persons who use wheelchairs or other (iii) The ridership of small and large for not providing an accessible bus for operators’ demand-responsive service mobility aids. The Department of the trip? Yesll noll Transportation has published a separate by passengers with disabilities. If yes, explain llllllllllllll (iv) The volume of complaints by lllllllllllllllllllll rule elsewhere in today’s Federal Register which addresses when OTRB passengers with disabilities. 11. If the answers to items 9 and 10 were (v) Cost and service impacts of both no, attach documentation that operators are required to comply with implementation of the requirements of compensation required by department of the specifications. § 37.189. transportation regulations was paid. EFFECTIVE DATE: October 28, 1998. (2) The Department will make one of Form B—For Use by Providers of Equivalent FOR FURTHER INFORMATION CONTACT: the following decisions on the basis of Service Access Board: Dennis Cannon, Office of the review: 1. Operator’s name llllllllllll Technical and Information Services, (i) Retain § 37.189 without change; or 2. Address lllllllllllllll Architectural and Transportation (ii) Modify the requirements of lllllllllllllllllllll Barriers Compliance Board, 1331 F § 37.189 for large and/or small demand- 3. Phone number: llllllllllll Street, NW., suite 1000, Washington, DC responsive operators. 4. Passenger’s name: lllllllllll 20004–1111. Telephone number (202) Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations 51695

272–5434 extension 35 (voice); (202) For purposes of the ADA, an over-the- intercity rail cars in 36 CFR 1192.107 272–5449 (TTY). Electronic mail road bus (OTRB) is ‘‘a bus characterized and 1192.123, and 49 CFR 38.107 and address: [email protected]. by an elevated passenger deck located 38.123; and Department of Transportation: Robert over a baggage compartment.’’ 42 U.S.C. • front door width, overhead C. Ashby, Deputy Assistant General 12181(5). The ADA provides for clearance for doors with lifts or ramps, Counsel for Regulation and rulemaking to establish accessibility and step riser height and tread depth. Enforcement, Department of requirements for OTRBs operated by On March 25, 1998, the Access Board Transportation, 400 7th Street SW., private entities to be conducted in two and the DOT issued a joint notice of room 10424, Washington, DC 20590. stages: interim requirements and final proposed rulemaking (NPRM) to amend Telephone (202) 366–9306 (voice) or requirements. 42 U.S.C. 12186.2 the accessibility guidelines and (202) 755–7687 (TTY). The interim requirements were standards for OTRBs, as discussed at the The telephone numbers listed above established in 1991 and do not require workshop. (63 FR 14571). The NPRM are not toll-free numbers. any structural changes to OTRBs. The also proposed to revise the exterior SUPPLEMENTARY INFORMATION: Access Board issued accessibility lighting specification for OTRBs and guidelines for OTRBs that provided other buses based on an equivalent Availability of Copies and Electronic technical specifications for non- Access facilitation determination made by the structural design features such as floor DOT. Single copies of this publication may surfaces, lighting, and handrails and The DOT published a separate NPRM be obtained at no cost by calling the stanchions. 36 CFR 1192.151 to in the same Federal Register which Access Board’s automated publications 1192.157. The DOT adopted these order line (202) 272–5434, by pressing addressed when OTRB operators would guidelines as its standards and also be required to comply with those 1 on the telephone keypad, then 1 again, established interim requirements for specifications. (63 FR 14560). and requesting publication S–22 (Over- providing boarding assistance and the-Road Buses Final Rule). Persons accommodating wheelchairs and other Section-by-Section Analysis using a TTY should call (202) 272–5449. mobility aids. 49 CFR 37.169 and 49 A total of 14 comments were received Please record a name, address, CFR 38.151 to 38.157. by the Board in response to the NPRM. telephone number and request Prior to establishing the final One comment dealt only with issues publication S–22. This document is requirements, the Office of Technology available in alternate formats upon Assessment was to study issues related raised by the Department of request. Persons who want a copy in an to OTRB accessibility. 42 U.S.C. 12185. Transportation’s NPRM and did not alternate format should specify the type The Office of Technology Assessment address any items under consideration of format (cassette tape, Braille, large published its study on May 16, 1993. by the Board. A comment submitted by print, or computer disk). This document Requirements for accessibility were to a public transit operator wanted changes is also available on the Board’s Internet have taken effect by July 26, 1996, for in the number of wheelchair or mobility site (http://www.access-board.gov/ large transportation providers, and one aid seating locations for a 96-inch wide bus. However, public operators are rules/otrbfinl.htm). year later for small entities. 42 U.S.C. ll 12186. The National Highway System subject to section .23, which was Background Designation Act of 1995 (Pub. L. 104– not the subject of this rulemaking. A Under the Americans with Disabilities 59), amended section 306(a)(2)(B)(iii) of manufacturer of urban transit buses was Act of 1990 (ADA), the Architectural the ADA by removing the specific concerned that some of the provisions and Transportation Barriers Compliance compliance dates and instead requiring would apply to such buses and wanted Board (Access Board) is responsible for large transportation providers to comply a change in the definition of an OTRB. developing guidelines to ensure that the two years after the issuance of the DOT A manufacturer of OTRBs also various kinds of transportation vehicles regulation, and small providers to suggested a change in the definition covered by the law are readily comply three years after issuance. because it claimed the current definition accessible to and usable by individuals As a preliminary step to issuing final would not include a 45-foot OTRB. In with disabilities.1 42 U.S.C. 12204. requirements, the Access Board and the fact, the definition at 49 CFR 37.3 does The Department of Transportation DOT held a workshop in Washington, not reference any length.3 Since the (DOT), which is responsible for issuing DC on October 21 and 22, 1993, to definition of an OTRB is statutory, the regulations to implement the discuss issues related to OTRB Board has not changed it. Also, since transportation provisions of the ADA, is accessibility. About 30 representatives accessible restrooms will not be required to include in its regulations of the OTRB industry and disability required, the proposed specifications accessibility standards for vehicles that organizations attended the workshop. At have been moved to a new appendix are consistent with the Access Board’s the workshop, it was announced that section as advisory guidance. Figure 1 guidelines. 42 U.S.C. 12186. the Access Board and the DOT were has been revised to conform to the text considering amending the accessibility of the regulation. 1 The Access Board is an independent Federal guidelines and standards for OTRBs to Section ll.31 Lighting agency established by section 502 of the include technical specifications for: Rehabilitation Act of 1973, as amended, whose • lifts, ramps, and wheelchair This section requires that lighting be primary mission is to promote accessibility for individuals with disabilities. The Access Board securement devices based on existing provided outside the bus door to consists of 25 members. Thirteen are appointed by requirements for other buses in 36 CFR illuminate the ground beyond the steps the President from among the public, a majority of 1192.23 and 49 CFR 38.23; and lift. This section refers to urban whom are required to be individuals with • accessible restrooms based on transit buses but is being amended in disabilities. The other twelve are heads of the following Federal agencies or their designees whose existing requirements for commuter and positions are Executive Level IV or above: The 3 The definition in the Department of Departments of Health and Human Services, 2 OTRBs purchased by public entities or by a Transportation regulation states ‘‘Over-the-road bus Education, Transportation, Housing and Urban contractor to a public entity must currently meet means a bus characterized by an elevated passenger Development, Labor, Interior, Defense, Justice, the same accessibility requirements as do other deck over a baggage compartment.’’ The definition Veterans Affairs, and Commerce; General Services buses, including requirements for lifts or ramps and of ‘‘Bus’’ includes some examples which in no way Administration; and United States Postal Service. wheelchair securement devices. 49 CFR 37.7(c). limit the scope of the definition. 49 CFR 37.3. 51696 Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations this rulemaking to be consistent with loading), and bus length. They also said decrease the interior volume and section ll.157, below. that the rule should not prescribe hinge increase luggage space. This reduces the location, as this could restrict design space which must be air conditioned Section ll.153 Doors, Steps and options. and, thus, improves fuel efficiency. Thresholds Response. Achieving the widest Response. The final rule specifies that Paragraph (a) currently requires slip- possible door is desirable because some the measurement is to be taken from the resistant surfaces and no changes were individuals with mobility limitations door sill and specifies a 65-inch proposed. need to swing their legs to the side to minimum. All dimensions are subject to Paragraph (b) currently requires step mount steps. This typically occurs when the dimensional tolerances allowed by edge contrast and proposed to add entering or exiting the door itself, since section ll.4(b), consistent with requirements for step riser height and once through the door, persons who use significant figures and rounding tread depth. crutches or walkers usually hold the conventions. Comment. Commenters representing stepwell handrails rather than using ll the interests of people with disabilities their mobility aids while climbing the Section .157 Lighting generally supported the requirements steps. While lifts are required to This section requires that lighting be for step risers and treads, citing the accommodate standees, the height of an provided outside the bus door to benefits to some persons with mobility OTRB floor may make the use of the lift illuminate the ground beyond the steps limitations but who would not want to problematic for some persons. and lift. use the lift. Manufacturers said that Therefore, the front door should be as Comment. A manufacturer pointed there was limited space in the vestibule usable as possible. On the other hand, out that the typical sedan door on an and that decreasing the riser height and the Board recognizes that there are OTRB would block part of the light so increasing the tread depth would technical difficulties in providing wider that the proposed requirement to require raising the first step, increasing front doors in all cases. Therefore, the illuminate the area for three feet from the intrusion of steps into the aisle, final rule has been modified from the ‘‘all points’’ perpendicular to the step interfering with structural components proposal to specify a 30-inch door would not be practicable. or steering mechanisms, decreasing whenever possible, but has included an Response. The phrase ‘‘all points’’ has baggage space, or some combination. exception where this is not feasible. An been removed from the final provision, Response. As the NPRM explained, appendix note has been added to both here and in section ll.31. A this proposal was similar to the indicate the factors which would clarification has also been added since proposal for urban transit buses in 1991, indicate what constitutes infeasibility. the provision applies to doorways in which was not adopted. At that time, Also, the references to hinge height have which lifts or ramps are installed. The the Board was convinced that the been removed. provision was originally written to requirements were not practicable. Paragraph (d) has been added to apply to urban transit buses in which However, as the NPRM pointed out, specify a minimum lift door height. The the lift or ramp is normally installed in there have been some significant NPRM specified a minimum height of a door which also includes steps. Since changes in urban transit bus design in 68 inches, measured from the highest the lift on an OTRB is installed in a the intervening years and the Board point of the lift to the door header. separate door, the proposed reference to asked whether there had been similar Comment. Disability organizations illumination perpendicular to the step changes in OTRB design that would supported this provision as needed to tread has no meaning. Therefore, the make the provisions feasible. The accommodate standees who would be provision has been clarified to apply the documentation supplied has convinced unable to use the front door steps. illumination requirement to the lift as the Board that changes which have Manufacturers said that the door height well. occurred have not been such that should be measured from the door sill ll meeting the proposed requirements is rather than the highest point of the lift Section .159 Mobility Aid now feasible. Therefore, the proposed platform, as proposed. They pointed out Accessibility requirements relating to riser height and that the platform would vary in height This section provides the technical tread depth have not been included in depending on load. For example, when requirements for lifts, ramps and the final rule and the provision will unloaded, the platform is designed to be securement systems. remain unchanged from its current higher than the sill so that a wheelchair Paragraph (a) provides the general specification. user exiting the bus would be going scoping for the requirements of the Paragraph (c) specifies a minimum slightly up, increasing the feeling of following paragraphs. It specifies the clear width for doors (other than doors security. Even a slight ‘‘drop’’ at the sill number of securement locations to be in which lifts are installed; the width of might be unsettling, they said. provided and requires sufficient such doors are governed by the lift Also, there are different models of clearances to allow a wheelchair or width requirement) but would allow OTRBs with characteristics designed to mobility aid user to reach a securement tapering above 48 inches. This meet specific needs. The largest buses, location. Also, an exception allows a paragraph also proposed to allow used primarily for sightseeing tours, station-based lift that meets the same minimal protrusion into this clear could almost meet the requirement. requirements as would apply to a lift opening by hinges or operating However, there are other models mounted on the vehicle. mechanisms, provided such protrusions designed to operate where overhead Comment. An individual with a were between specified heights. clearance is restricted by bridges, disability said that the maneuvering Comment. Manufacturers said that tunnels or other facilities. These clearance required should be spelled out some buses could achieve a 30-inch vehicles must have a lower roof height since his experience with his city’s front door opening while others could and, therefore, could not achieve the buses was that there is insufficient room only achieve a 27-inch opening, which proposed door height. Still other models to maneuver past the driver position. is the current requirement. They are designed primarily for ‘‘line haul’’ Response. Unlike urban transit buses, pointed out that the width was a transportation. These vehicles have a lifts on OTRBs are not installed in the function of approach angle, front axle roof height nearly as high as the largest front door. A separate door is provided location (which could affect axle weight bus but a slightly higher floor to in the side of the bus so a lift user does Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations 51697 not need to negotiate the aisle beside the wheelchairs on OTRBs until a Response. The Board has decided to driver. Therefore, the proposed comprehensive study is conducted. require that a minimum of 50% of the provision is deemed adequate and no In connection with this section, the aisle seats, including all those change has been made for the final rule. NPRM asked whether seats in OTRBs removable or moveable seats at Comment. A commenter objected to were required to meet safety standards securement locations have moveable the inclusion of the exception allowing different from those of urban transit armrests. a station-based lift on safety grounds buses. One manufacturer responded Regulatory Process Matters because no lift would be present on the saying the requirements were the same. bus if it stopped at a location other than Response. Neither of the comments This final rule is jointly issued by the the station. which expressed safety concerns Access Board and the DOT to amend the Response. This exception is expected provided any data to substantiate such accessibility guidelines and standards to be of limited use. It would only apply a concern. Accessible OTRBs have been for OTRBs by adding technical to the case in which an OTRB traveled in service in the United States and specifications for lifts, ramps, solely between specific stations where around the world for many years. The wheelchair securement devices, and the station-based lifts were deployed. Board is not aware of any problems with movable aisle armrests. The final rule This might occur, for example, where a the securement systems. also revises technical specifications for bus provides a scenic trip through a Actually, it is not the speed of the doors and lighting. DOT has published park area and only picks up and vehicle which is critical but the a separate final rule in today’s Federal discharges passengers at a visitors’ deceleration experienced when the Register which addresses when OTRB center, scenic overlook, restaurant or vehicle stops suddenly. The heavier the operators are required to comply with similar locations, but does not operate vehicle, the slower it will come to a stop the technical specifications. The final outside the park. The Board expects this and, thus, the lower the deceleration. rules are closely related and the Access situation to be rare but the option of a For this reason, the securement Board and the DOT have treated them station-based lift may provide some cost requirements for vans and small buses as a single regulatory action for saving and is, therefore, worth are higher than for large urban transit purposes of Executive Order 12866 and preserving. The exception has been buses. OTRBs are heavier still. In fact, the Regulatory Flexibility Act in order retained in the final rule. no securement of any kind is required to avoid duplicative or unnecessary Paragraph (b) provides the technical for trains and rail vehicles, which may analyses. The final rules are a specifications for lifts. reach speeds as high as 150 miles per significant regulatory action under Comment. A commenter suggested hour. Executive Order 12866 and DOT’s that the outer barrier should be five The securement requirement for Regulatory Policies and Procedures. inches high. DOT has prepared a Regulatory Impact Response. No rationale was provided urban transit buses was derived from the requirements for seats in general. Analysis (RIA), which is summarized in for the recommendation. The proposal the separate final rule the DOT has contains a performance requirement that That is, the force requirements were designed to restrain a wheelchair or published in today’s Federal Register. a common wheelchair or mobility aid be The Office of Management and Budget prevented from rolling off the lift mobility aid to the same extent as the general passenger seats are required to has reviewed both final rules. platform whenever the platform is three The final rules are likely to have a inches or more off the ground. The be anchored to the bus by motor vehicle safety standards. Since the seats in significant impact on a substantial performance requirement is sufficient number of small entities. DOT has and no change has been made in the OTRBs are subject to the same requirements as urban transit buses, incorporated a Regulatory Flexibility final rule. Analysis into the RIA and has included Comment. One commenter said the there does not appear to be any reason to apply a different standard to provisions in the separate final rule lift platform should be prohibited from published in today’s Federal Register to blocking the window at the securement securement systems in such vehicles. Consequently, the provision has not reduce the burden on small OTRB location. operators. Response. Such a requirement might been changed and the Board sees no preclude the use of some lifts. Since the evidence to suggest that the requirement Text of Final Common Rule NPRM did not propose this should be deferred. The text of the final common rule requirement, there was no opportunity Section ll.161 Moveable Aisle amendments to 36 CFR part 1192 and 49 for comment. Therefore, the final rule Armrests CFR part 38 appear below. does not include such a requirement. 1. Section ll.31 is amended by An appendix note has been added to This section requires that at least 50% revising paragraph (c) to read as follows: alert designers to this concern. of aisle armrests be moveable to allow ll Paragraph (c) provides technical persons with mobility limitations to § .31 Lighting. requirements for ramps. enter and exit the seats easier. * * * * * No comments were received on this Comment. The NPRM asked whether (c) The vehicle doorways, including paragraph and no changes have been moveable aisle armrests should be doorways in which lifts or ramps are made. required to be provided and, if so, installed, shall have outside light(s) Paragraph (d) provides technical where and how many. Disability which, when the door is open, provide requirements for wheelchair and organizations supported a requirement at least 1 foot-candle of illumination on mobility aid securement. and wanted all aisle armrests to be the street surface for a distance 3 feet Comment. Two comments expressed moveable. One organization said that it (915 mm) perpendicular to the bottom concerns about the safety of the preferred all but no less than 50%, step tread or lift outer edge. Such proposed securement requirements for similar to the regulations under the Air light(s) shall be shielded to protect the OTRBs which travel at highway speeds. Carrier Access Act regulations. A eyes of entering and exiting passengers. One of these suggested that the manufacturer said that it provided all 2. Section ll.153 is amended by Department of Transportation not adopt aisle seats with moveable armrests as a revising paragraph (c) and by adding any requirements for transporting standard feature. paragraph (d) to read as follows: 51698 Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations

§ ll.153 Doors, steps and thresholds. attachment hardware which would not off the platform during its operation. A * * * * * be expected to wear, shall have a safety movable barrier or inherent design (c)(1) Doors shall have a minimum factor of at least three, based on the feature shall prevent a wheelchair or clear width when open of 30 inches ultimate strength of the material. mobility aid from rolling off the edge (760 mm), measured from the lowest (2) Controls—(i) Requirements. The closest to the vehicle until the platform step to a height of at least 48 inches controls shall be interlocked with the is in its fully raised position. Each side (1220 mm), from which point they may vehicle brakes, transmission, or door, or of the lift platform which extends taper to a minimum width of 18 inches shall provide other appropriate beyond the vehicle in its raised position (457 mm). The clear width may be mechanisms or systems, to ensure that shall have a barrier a minimum 11⁄2 reduced by a maximum of 4 inches (100 the vehicle cannot be moved when the inches (13 mm) high. Such barriers shall mm) by protrusions of hinges or other lift is not stowed and so the lift cannot not interfere with maneuvering into or operating mechanisms. be deployed unless the interlocks or out of the aisle. The loading-edge barrier (2) Exception. Where compliance with systems are engaged. The lift shall (outer barrier) which functions as a the door width requirement of deploy to all levels (i.e., ground, curb, loading ramp when the lift is at ground paragraph (c)(1) of this section is not and intermediate positions) normally level, shall be sufficient when raised or feasible, the minimum door width shall encountered in the operating closed, or a supplementary system shall be 27 in (685 mm). environment. Where provided, each be provided, to prevent a power (d) The overhead clearance between control for deploying, lowering, raising, wheelchair or mobility aid from riding the top of the lift door opening and the and stowing the lift and lowering the over or defeating it. The outer barrier of sill shall be the maximum practicable roll-off barrier shall be of a momentary the lift shall automatically raise or close, but not less than 65 inches (1651 mm). contact type requiring continuous or a supplementary system shall 3. Section ll.157 is amended by manual pressure by the operator and automatically engage, and remain revising paragraph (b) to read as follows: shall not allow improper lift sequencing raised, closed, or engaged at all times when the lift platform is occupied. The that the platform is more than 3 inches ll § .157 Lighting. controls shall allow reversal of the lift (75 mm) above the roadway or sidewalk * * * * * operation sequence, such as raising or and the platform is occupied. (b) The vehicle doorway shall have lowering a platform that is part way Alternatively, a barrier or system may be outside light(s) which, when the door is down, without allowing an occupied raised, lowered, opened, closed, open, provide at least 1 foot-candle of platform to fold or retract into the engaged, or disengaged by the lift illumination on the pathway to the door stowed position. operator, provided an interlock or for a distance of 3 feet (915 mm) to the (ii) Exception. Where the lift is inherent design feature prevents the lift bottom step tread or lift outer edge. designed to deploy with its long from rising unless the barrier is raised Such light(s) shall be shielded to protect dimension parallel to the vehicle axis or closed or the supplementary system the eyes of entering and exiting and which pivots into or out of the is engaged. passengers. vehicle while occupied (i.e., ‘‘rotary (6) Platform surface. The platform 4. Section ll.159 is revised to read lift’’), the requirements of this paragraph surface shall be free of any protrusions as follows: (b)(2) prohibiting the lift from being of 1⁄4 inch (6.5 mm) high and shall be stowed while occupied shall not apply slip resistant. The platform shall have a § ll.159 Mobility aid accessibility. if the stowed position is within the minimum clear width of 281⁄2 inches (a)(1) General. All vehicles covered by passenger compartment and the lift is (725 mm) at the platform, a minimum this subpart shall provide a level-change intended to be stowed while occupied. clear width of 30 inches (760 mm) mechanism or boarding device (e.g., lift (3) Emergency operation. The lift shall measured from 2 inches (50 mm) above or ramp) complying with paragraph (b) incorporate an emergency method of the platform surface to 30 inches (760 or (c) of this section and sufficient deploying, lowering to ground level mm) above the platform, and a clearances to permit a wheelchair or with a lift occupant, and raising and minimum clear length of 48 inches other mobility aid user to reach a stowing the empty lift if the power to (1220 mm) measured from 2 inches (50 securement location. At least two the lift fails. No emergency method, mm) above the surface of the platform securement locations and devices, manual or otherwise, shall be capable of to 30 inches (760 mm) above the surface complying with paragraph (d) of this being operated in a manner that could of the platform. (See Figure 1 to this section, shall be provided. be hazardous to the lift occupant or to part.) (2) Exception. If portable or station- the operator when operated according to (7) Platform gaps. Any openings based lifts, ramps or bridge plates manufacturer’s instructions, and shall between the platform surface and the meeting the applicable requirements of not permit the platform to be stowed or raised barriers shall not exceed 5⁄8 inch this section are provided at stations or folded when occupied, unless the lift is (16 mm) in width. When the platform is other stops required to be accessible a rotary lift and is intended to be stowed at vehicle floor height with the inner under regulations issued by the while occupied. barrier (if applicable) down or retracted, Department of Transportation, the bus is (4) Power or equipment failure. gaps between the forward lift platform not required to be equipped with a Platforms stowed in a vertical position, edge and the vehicle floor shall not vehicle-borne device. and deployed platforms when occupied, exceed 1⁄2 inch (13 mm) horizontally (b) Vehicle lift—(1) Design load. The shall have provisions to prevent their and 5⁄8 inch (16 mm) vertically. design load of the lift shall be at least deploying, falling, or folding any faster Platforms on semi-automatic lifts may 600 pounds (2665 N). Working parts, than 12 inches/second (305 mm/sec) or have a hand hold not exceeding 11⁄2 such as cables, pulleys, and shafts, their dropping of an occupant in the inches (28 mm) by 41⁄2 inches (113 mm) which can be expected to wear, and event of a single failure of any load located between the edge barriers. upon which the lift depends for support carrying component. (8) Platform entrance ramp. The of the load, shall have a safety factor of (5) Platform barriers. The lift platform entrance ramp, or loading-edge barrier at least six, based on the ultimate shall be equipped with barriers to used as a ramp, shall not exceed a slope strength of the material. Nonworking prevent any of the wheels of a of 1:8, measured on level ground, for a parts, such as platform, frame and wheelchair or mobility aid from rolling maximum rise of 3 inches (75 mm), and Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations 51699 the transition from roadway or sidewalk shall support a load of 600 pounds passengers in the event of a sudden stop to ramp may be vertical without edge (2665 N), placed at the centroid of the or maneuver. treatment up to 1⁄4 inch (6.5 mm) . ramp distributed over an area of 26 (8) Handrails. If provided, handrails Thresholds between 1⁄4 inch (6.5 mm) inches by 26 inches (660 mm by 660 shall allow persons with disabilities to and 1⁄2 inch (13 mm) high shall be mm), with a safety factor of at least 3 grasp them from outside the vehicle beveled with a slope no greater than 1:2. based on the ultimate strength of the while starting to board, and to continue (9) Platform deflection. The lift material. Ramps shorter than 30 inches to use them throughout the boarding platform (not including the entrance (760 mm) shall support a load of 300 process, and shall have the top between ramp) shall not deflect more than 3 pounds (1332 N). 30 inches (760 mm) above the ramp degrees (exclusive of vehicle roll or (2) Ramp surface. The ramp surface surface. The handrails shall be capable pitch) in any direction between its shall be continuous and slip resistant; of withstanding a force of 100 pounds unloaded position and its position when shall not have protrusions from the (445 N) concentrated at any point on the loaded with 600 pounds (2665 N) surface greater than 1⁄4 inch (6.5 mm) handrail without permanent applied through a 26 inch (660 mm) by high; shall have a clear width of 30 deformation of the rail or its supporting 26 inch test pallet at the centroid of the inches (760 mm); and shall structure. The handrail shall have a platform. accommodate both four-wheel and cross-sectional diameter between 11⁄4 (10) Platform movement. No part of three-wheel mobility aids. inches (32 mm) and 11⁄2 inches (38 mm) the platform shall move at a rate (3) Ramp threshold. The transition or shall provide an equivalent grasping exceeding 6 inches/second (150 mm/ from roadway or sidewalk and the surface, and have eased edges with sec) during lowering and lifting an transition from vehicle floor to the ramp corner radii of not less than 1⁄8 inch (3.5 occupant, and shall not exceed 12 may be vertical without edge treatment mm). Handrails shall not interfere with inches/second (300 mm/sec) during up to 1⁄4 inch (6.5 mm). Changes in level wheelchair or mobility aid deploying or stowing. This requirement between 1⁄4 inch (6.5 mm) and 1⁄2 inch maneuverability when entering or does not apply to the deployment or (13 mm) shall be beveled with a slope leaving the vehicle. stowage cycles of lifts that are manually no greater than 1:2. (d) Securement devices—(1) Design deployed or stowed. The maximum (4) Ramp barriers. Each side of the load. Securement systems, and their platform horizontal and vertical ramp shall have barriers at least 2 attachments to vehicles, shall restrain a acceleration when occupied shall be inches (50 mm) high to prevent mobility force in the forward longitudinal 0.3g. aid wheels from slipping off. direction of up to 2,000 pounds (8,880 (11) Boarding direction. The lift shall (5) Slope. Ramps shall have the least N) per securement leg or clamping permit both inboard and outboard facing slope practicable and shall not exceed mechanism and a minimum of 4,000 of wheelchair and mobility aid users. 1:4 when deployed to ground level. If pounds (17,760 N) for each mobility aid. (12) Use by standees. Lifts shall the height of the vehicle floor from (2) Location and size. The securement accommodate persons using walkers, which the ramp is deployed is 3 inches system shall be placed as near to the crutches, canes or braces or who (75 mm) or less above a 6 inch (150 mm) accessible entrance as practicable and otherwise have difficulty using steps. curb, a maximum slope of 1:4 is shall have a clear floor area of 30 inches The platform may be marked to indicate permitted; if the height of the vehicle (760 mm) by 48 inches (1220 mm). Such a preferred standing position. floor from which the ramp is deployed space shall adjoin, and may overlap, an (13) Handrails. Platforms on lifts shall is 6 inches (150 mm) or less, but greater access path. Not more than 6 inches be equipped with handrails on two than 3 inches (75 mm), above a 6 inch (150 mm) of the required clear floor sides, which move in tandem with the (150 mm) curb, a maximum slope of 1:6 space may be accommodated for lift, and which shall be graspable and is permitted; if the height of the vehicle footrests under another seat, modesty provide support to standees throughout floor from which the ramp is deployed panel, or other fixed element provided the entire lift operation. Handrails shall is 9 inches (225 mm) or less, but greater there is a minimum of 9 inches (230 have a usable component at least 8 than 6 inches (150 mm), above a 6 inch mm) from the floor to the lowest part of inches (200 mm) long with the lowest curb, a maximum slope of 1:8 is the seat overhanging the space. portion a minimum 30 inches (760 mm) permitted; if the height of the vehicle Securement areas may have fold-down above the platform and the highest floor from which the ramp is deployed seats to accommodate other passengers portion a maximum 38 inches (965 mm) is greater than 9 inches (225 mm) above when a wheelchair or mobility aid is not above the platform. The handrails shall a 6 inch (150 mm) curb, a slope of 1:12 occupying the area, provided the seats, be capable of withstanding a force of shall be achieved. Folding or when folded up, do not obstruct the 100 pounds (445 N) concentrated at any telescoping ramps are permitted clear floor space required. (See Figure 2 point on the handrail without provided they meet all structural to this part.) permanent deformation of the rail or its requirements of this section. (3) Mobility aids accommodated. The supporting structure. The handrail shall (6) Attachment. When in use for securement system shall secure have a cross-sectional diameter between boarding or alighting, the ramp shall be common wheelchairs and mobility aids 11⁄4 inches (32 mm) and 11⁄2 inches (38 firmly attached to the vehicle so that it and shall either be automatic or easily mm) or shall provide an equivalent is not subject to displacement when attached by a person familiar with the grasping surface, and have eased edges loading or unloading a heavy power system and mobility aid and having with corner radii of not less than 5⁄8 inch mobility aid and that no gap between average dexterity. (3.5 mm). Handrails shall be placed to vehicle and ramp exceeds 5⁄8 inch (16 (4) Orientation. At least one provide a minimum 11⁄2 inches (38 mm) mm). securement device or system required knuckle clearance from the nearest (7) Stowage. A compartment, by paragraph (a) of this section shall adjacent surface. Handrails shall not securement system, or other appropriate secure the wheelchair or mobility aid interfere with wheelchair or mobility method shall be provided to ensure that facing toward the front of the vehicle. aid maneuverability when entering or stowed ramps, including portable ramps Additional securement devices or leaving the vehicle. stowed in the passenger area, do not systems shall secure the wheelchair or (c) Vehicle ramp—(1) Design load. impinge on a passenger’s wheelchair or mobility aid facing forward or rearward. Ramps 30 inches (760 mm) or longer mobility aid or pose any hazard to Where the wheelchair or mobility aid is 51700 Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations secured facing the rear of the vehicle, a area can be used by standees, the 5. Section ll.161 is added to padded barrier shall be provided. The securement system shall not interfere subpart G to read as follows: padded barrier shall extend from a with passenger movement, shall not ll height of 38 inches (965 mm) from the present any hazardous condition, shall § .161 Moveable aisle armrests. vehicle floor to a height of 56 inches be reasonably protected from vandalism, A minimum of 50% of aisle seats, (1420 mm) from the vehicle floor with and shall be readily accessed when including all moveable or removable a width of 18 inches (455 mm), laterally needed for use. seats at wheelchair or mobility aide centered immediately in back of the securement locations, shall have an seated individual. Such barriers need (7) Seat belt and shoulder harness. armrest on the aisle side which can be not be solid provided equivalent For each wheelchair or mobility aid raised, removed, or retracted to permit protection is afforded. securement device provided, a (5) Movement. When the wheelchair passenger seat belt and shoulder easy entry or exit. or mobility aid is secured in accordance harness, complying with all applicable 6. A heading is added at the end of with manufacturer’s instructions, the provisions of the Federal Motor Vehicle part ll preceding the figures to read securement system shall limit the Safety Standards (49 CFR part 571), as follows: movement of an occupied wheelchair or shall also be provided for use by mobility aid to no more than 2 inches wheelchair or mobility aid users. Such Figures to Part ll (50 mm) in any direction under normal seat belts and shoulder harnesses shall vehicle operating conditions. not be used in lieu of a device which 7. Figures 1 and 2 are revised to read (6) Stowage. When not being used for secures the wheelchair or mobility aid as follows: securement, or when the securement itself. BILLING CODE 4910±62±P Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations 51701

BILLING CODE 4910±62±C 51702 Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations

8. Appendix to Part ll is amended mounted no more than 44 inches (1120 mm) § 1192.161 [Added] by adding a new section VI to read as above the floor. 6. Section 1192.161 is added to follows: (e) Doorways on the end of the enclosure, subpart G to read as set forth at the end opposite the water closet, should have a of the common preamble. Appendix to Part ll minimum clear opening width of 32 inches (815 mm). Door latches and hardware should PART 1192 [AMENDED] * * * * * be operable with one hand and should not VI. Over-the-Road Buses require tight grasping, pinching, or twisting 7. A heading is added at the end of of the wrist. A. Door Width part 1192 preceding the figures to read (2) Accessible restrooms should be in close as set forth at the end of the common Achieving a 30 inch wide front door on an proximity to at least one seating location for over-the-road bus is considered not feasible persons using mobility aids and should be preamble. if doing so would necessitate reduction of the connected to such a space by an 8. Figures 1 and 2 are revised to read bus approach angle, relocating the front axle unobstructed path having a minimum width as set forth at the end of the common rearward, or increasing the bus overall of 32 inches (815 mm). preamble. length. C. Visibility Through a Window Appendix to Part 1192 [Amended] B. Restrooms Care should be taken so that the lift does 9. The appendix to Part 1192 is The following is provided to assist not obscure the vision of the person amended by adding section VI to read manufacturers and designers to create occupying the securement position. restrooms which can be used by people with as set forth at the end of the common disabilities. These specifications are derived Adoption of Final Common Rule preamble. from requirements for rail vehicles and Authorized by vote of the Access The agency specific proposals to adopt the Board on July 15 and September 9, represent compromises between space final common rule, which appears at the end needed for use and constraints imposed by of the common preamble, are set forth below. 1998. vehicle dimensions. As a result, some Thurman M. Davis, Sr., persons with disabilities cannot use a Architectural and Transportation Chair, Architectural and Transportation restroom which meets these specifications Barriers Compliance Board Barriers Compliance Board. and operators who do provide such restrooms should provide passengers with 36 CFR Part 1192 DEPARTMENT OF disabilities sufficient advance information List of Subjects in 36 CFR Part 1192 TRANSPORTATION about design so that those passengers can assess their ability to use them. Designers Buses, Civil rights, Individuals with Office of the Secretary should provide additional space beyond disabilities, Mass transportation, 49 CFR Part 38 these minimum specifications whenever Railroads, Transportation. possible. List of Subjects in 49 CFR Part 38 Authority and Issuance (1) If an accessible restroom is provided, it Buses, Civil rights, Individuals with should be designed so as to allow a person For the reasons set forth in the disabilities, Mass transportation, using a wheelchair or mobility aid to enter common preamble, part 1192 of title 36 Railroads, Transportation. and use such restroom as specified in of the Code of Federal Regulations is paragraphs (1)(a) through (e) of section VI.B Authority and Issuance of this appendix. amended as follows: (a) The minimum clear floor area should be For the reasons set forth in the 35 inches (890 mm) by 60 inches (1525 mm). PART 1192ÐAMERICANS WITH common preamble, part 38 of title 49 of Permanently installed fixtures may overlap DISABILITIES ACT (ADA) the Code of Federal Regulations is this area a maximum of 6 inches (150 mm), ACCESSIBILITY GUIDELINES FOR amended as follows: if the lowest portion of the fixture is a TRANSPORTATION VEHICLES minimum of 9 inches (230 mm) above the PART 38ÐAMERICANS WITH floor, and may overlap a maximum of 19 1. The authority citation for 36 CFR DISABILITIES ACT (ADA) inches (485 mm), if the lowest portion of the part 1192 is revised to read as follows: ACCESSIBILITY SPECIFICATIONS FOR fixture is a minimum of 29 inches (740 mm) Authority: 42 U.S.C. 12204. TRANSPORTATION VEHICLES above the floor, provided such fixtures do not interfere with access to the water closet. § 1192.31 [Amended] 1. The authority citation for 49 CFR Fold-down or retractable seats or shelves may 2. Section 1192.31 is amended by part 38 is revised to read as follows: overlap the clear floor space at a lower height revising paragraph (c) to read as set provided they can be easily folded up or Authority: 42 U.S.C. 12101–12213; 49 moved out of the way. forth at the end of the common U.S.C. 322. (b) The height of the water closet should preamble. § 38.31 [Amended] be 17 inches (430 mm) to 19 inches (485 mm) § 1192.153 [Amended] measured to the top of the toilet seat. Seats 2. Section 38.31 is amended by should not be sprung to return to a lifted 3. Section 1192.153 is amended by revising paragraph (c) to read as set position. revising paragraph (c) and by adding forth at the end of the common (c) A grab bar at least 24 inches (610 mm) paragraph (d) to read as set forth at the preamble. long should be mounted behind the water end of the common preamble. closet, and a horizontal grab bar at least 40 § 38.153 [Amended] inches (1015 mm) long should be mounted § 1192.157 [Amended] 3. Section 38.153 is amended by on at least one side wall, with one end not 4. Section 1192.157 is amended by revising paragraph (c) and by adding more than 12 inches (305 mm) from the back revising paragraph (b) to read as set paragraph (d) to read as set forth at the wall, at a height between 33 inches (840 mm) and 36 inches (915 mm) above the floor. forth at the end of the common end of the common preamble. preamble. (d) Faucets and flush controls should be § 38.157 [Amended] operable with one hand and should not § 1192.159 [Revised] require tight grasping, pinching, or twisting 4. Section 38.157 is amended by of the wrist. The force required to activate 5. Section 1192.159 is revised to read revising paragraph (b) to read as set controls should be no greater than 5 lbs (22.2 as set forth at the end of the common forth at the end of the common N). Controls for flush valves should be preamble. preamble. Federal Register / Vol. 63, No. 187 / Monday, September 28, 1998 / Rules and Regulations 51703

§ 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. PART 38 [AMENDED] 7. The existing heading preceding the figures is removed and a new heading is added at the end of part 38 preceding the figures to read as set forth at the end of the common preamble. 8. Figures 1 and 2 are revised to read as set forth at the end of the common preamble. 9. The appendix to Part 38 is amended by adding section VI to read as set forth at the end of the common preamble. Dated: September 17, 1998. Rodney E. Slater, Secretary of Transportation. [FR Doc. 98–25420 Filed 9–24–98; 2:15 pm] BILLING CODE 8150±01±P, 4910±62±P