Subject: Passenger Vessel Access - Americans with Disabilities Act (ADA) - Public Comment Sought From: Passenger Vessel Accessibility Guidelines Date: Mon, 29 Nov 2004 07:10:29 -0500
To Whom It Concerns:
Under the Americans with Disabilities Act, we have reached the next stage in the process to develop Passenger Vessel Accessibility Guidelines (PVAG). Last Friday, November 26, 2004, in the Federal Register, the Access Board published two notices which seek public comment (http://www.access-board.gov/news/pvag.htm). A short summary is provided below.
Notice One - Titled "Notice of Availability - Large Vessels" (http://www.access-board.gov/pvaac/noa.htm) informs the public that the Access Board has made available for comment a draft of PVAG. The material on our web site (related to this notice) focuses on passenger vessels which carry more than 150 passenger or more than 49 overnight passengers -- referred to in both notices as "large" passenger vessels.The document titled "Draft Guidelines for Large Passenger Vessels" (http://www.access-board.gov/pvaac/guidelines.htm) starts with supplementary information and ends with the text of the draft guidelines. The draft of PVAG addresses minimum access requirements onboard new and altered "large" passenger vessels and details what is needed when embarking or disembarking passengers. (Note: For embarkation/disembarkation, see section V208 in the supplementary information and V208 in the draft. It is also important to mention that in the supplementary information, toward the end of the write up on section V208, a discussion regarding parking on vehicle ferries is provided.)
The draft of PVAG does not contain any figures. In many cases, because the section numbering system and provisions are similar to those found in the 2004 ADA-ABA Accessibility Guidelines for Buildings and Facilities (ADA-ABAAG), you may use many of the figures from ADA-ABAAG to further understand the provisions in the draft of PVAG. (Note: In the ADA-ABAAG web site, http://www.access-board.gov/ada-aba/Blue%20HTML/ADA-ABA%20Guidelines%20Blue.htm, see the "Figures Index" right below Chapter 10 in the table of contents. Be aware that Chapters 5 and 10 in the draft of PVAG were extensively renumbered when compared to ADA-ABAAG.)
Two figures have been included in the supplementary information. These figures point out the sections which allow the single ramp or double ramp methods of access when addressing coamings. We strongly recommend you read in the supplementary information how access and coamings are addressed (and the three configurations of access), and then look at the text in the draft of PVAG.
Related to the draft of PVAG, a document titled "Regulatory Assessment Plan" (http://www.access-board.gov/pvaac/assess-plan.htm) is included on our web site. Public comment is sought on this draft plan for conducting a regulatory assessment.
After the public comment period is over and we have reviewed the submitted comments and made any necessary changes to the draft of PVAG, the next likely step in the process to create vessel guidelines is for the Board to develop a Notice of Proposed Rulemaking (NPRM). The NPRM would include a: 1) proposed PVAG with figures, 2) regulatory assessment on the proposed PVAG, and 3) a preamble. The NPRM would be made available for public comment, as required by law. The opportunity highlighted in this email for the public to comment on a draft of PVAG is a step in the rulemaking process the Access Board instituted prior to creating a NPRM.
Notice Two - Titled " Advance Notice of Proposed Rulemaking - Small Vessels" (http://www.access-board.gov/pvaac/anprm.htm) seeks comment from the public on what methodology the Board should use in addressing passenger vessels which carry 150 or fewer passengers or 49 or fewer overnight passengers -- referred to as "small" passenger vessels in both notices. Four options are provided in the notice.
Public Hearing - A public hearing to receive comments on the notices and passenger vessel material associated with both notices will be held on January 10, 2005, in Washington, DC. In the notices, specific details are provided on the public hearing for those who desire to participate. One does not have to attend the hear to provide comments. Comments may also be sent via US mail or email to the address provided in the notices. Comments sent by email to the Access Board will be considered only if they include the full name and address of the sender in the text.
Comment Period - Both notices have a 120 day comment period which ends on Monday, March 28, 2005.
Review the Notices - Although to some degree parts of the two notices have been summarized in this email, please review each notice.
DOT Notice - Also on the same day, the US Department of Transportation (DOT) published in the Federal Register an Advance Notice of Proposed Rulemaking which also concerns passenger vessel access. We recommend that those interested in this subject review DOT's notice. Probably, within a week or so, our web master will add a link to this DOT notice. In the meantime, you will need to check the Federal Register (http://www.access.gpo.gov/su_docs/fedreg/a041126c.html) or DOT (http://www.dot.gov/) web sites.
Questions - Should you have any questions regarding the two Access Board notices and related material, please do not hesitate to call. Comments, however, must be sent per the instructions in our notices. Remember, comments sent by email to the Access Board will be considered only if they include the full name and address of the sender in the email text.
Paul Beatty
Phone 202-272-0012
Fax 202-272-0081
TTY 202-272-0082