[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Proposed Rules]
[Pages 43748-43789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18255]
[[Page 43747]]
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Part IV
Architectural and Transportation Barriers Compliance Board
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36 CFR Parts 1192
Americans With Disabilities Act (ADA) Accessibility Guidelines for
Transportation Vehicles; Proposed Rule
Federal Register / Vol. 75 , No. 142 / Monday, July 26, 2010 /
Proposed Rules
[[Page 43748]]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1192
[Docket No. ATBCB 2010-0004]
RIN 3014-AA38
Americans With Disabilities Act (ADA) Accessibility Guidelines
for Transportation Vehicles
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) is proposing to revise and update its accessibility
guidelines for buses, over-the-road buses, and vans. The guidelines
ensure that transportation vehicles are readily accessible to and
usable by individuals with disabilities. The guidelines apply to the
acquisition of new, used, and remanufactured transportation vehicles,
and the remanufacture of existing transportation vehicles to the extent
required by regulations issued by the Department of Transportation
pursuant to the Americans with Disabilities Act. The guidelines for
transportation vehicles operated in fixed guideway systems (e.g., rapid
rail, light rail, commuter rail, and intercity rail) will be revised
and updated at a future date.
DATES: Comments must be received by November 23, 2010.
ADDRESSES: You may submit comments, identified by docket number ATBCB
2010-0004 or RIN number 3014-AA38, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: board.gov">pecht@access-board.gov. Include docket number
ATBCB 2010-0004 or RIN number 3014-AA38 in the subject line of the
message.
Fax: 202-272-0081.
Mail or Hand Delivery/Courier: Office of Technical and
Informational Services, Access Board, 1331 F Street, NW., suite 1000,
Washington, DC 20004-1111.
All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Jim Pecht, Architectural and
Transportation Barriers Compliance Board, 1331 F Street, NW., suite
1000, Washington, DC 20004-1111. Telephone (202) 272-0021. E-mail
board.gov">pecht@access-board.gov.
SUPPLEMENTARY INFORMATION:
Background
Americans With Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination
on the basis of disability in the provision of transportation services
by public and private entities. 42 U.S.C. 12101 et seq. The ADA sets
out different responsibilities for the Architectural and Transportation
Barriers Compliance Board (Access Board) and the Department of
Transportation with respect to implementing the statute.
The ADA requires the Access Board to issue guidelines for
transportation vehicles that are readily accessible to and usable by
individuals with disabilities. 42 U.S.C. 12204. These guidelines, by
themselves, are not legally enforceable and do not require existing
transportation vehicles to be retrofitted.\1\
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\1\ The Americans with Disabilities Act requires barriers in
existing transportation vehicles used by public accommodations for
transporting individuals and by private entities to provide
specified public transportation to be removed where readily
achievable. 42 U.S.C.12182(b)(2)(A)(iv) and 12184(b)(2)(C). The
Department of Justice and the Department of Transportation are
responsible for issuing regulations implementing this requirement.
28 CFR 36.310 and 49 CFR 37.5(f).
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The ADA requires the Department of Transportation to issue
regulations that specify:
Which public and private entities must comply with the
transportation provisions of the ADA;
When transportation vehicles acquired or remanufactured
(i.e., structurally restored and new or rebuilt major components
installed to extend the vehicle's service life) by the public or
private entities must be accessible; and
What accessibility standards the transportation vehicles
must meet. 42 U.S.C. 12149, 12164, and 12186(a).
The ADA requires the accessibility standards for transportation
vehicles included in the Department of Transportation's regulations to
be consistent with the guidelines issued by the Access Board. 42 U.S.C.
12149, 12163, 12186(c). The Department of Transportation's regulations
are legally enforceable.
Prior Rulemaking
The Access Board issued accessibility guidelines for transportation
vehicles in 1991 and amended the guidelines in 1998 to include
additional requirements for over-the-road buses (i.e., buses
characterized by an elevated passenger deck located over a baggage
compartment). 56 FR 45530, September 6, 1991; 63 FR 51694, September
28, 1998. The Access Board's transportation vehicle guidelines are
codified at 36 CFR part 1192.
The Department of Transportation issued regulations to implement
the transportation provisions of the ADA in 1991. 56 FR 45621 and
45756, September 6, 1991. The Department of Transportation's
regulations are codified at 49 CFR parts 37 and 38. The Department of
Transportation's regulations at 49 CFR part 37 specify in:
Subpart B (Sec. Sec. 37.21 to 37.37) which public and
private entities must comply with the transportation provisions of the
ADA;
Subpart D (Sec. Sec. 37.71 to 37.93) when transportation
vehicles acquired or remanufactured by public entities must be
accessible;
Subpart E (Sec. Sec. 37.101 to 37.109) when
transportation vehicles acquired or remanufactured by private entities
must be accessible; and
Subpart H (Sec. Sec. 37.181 to 37.197) when over-the-road
buses acquired or remanufactured by private entities must be
accessible.
The Department of Transportation's regulations at 49 CFR part 38
set out the accessibility standards that the transportation vehicles
must meet. The accessibility standards in 49 CFR part 38 are consistent
the Access Board's transportation vehicle guidelines in 36 CFR part
1192.
Proposed Rule
The Access Board is issuing this proposed rule to revise and update
its accessibility guidelines for buses, over-the-road buses, and vans
(hereinafter referred to as the ``1991 guidelines''). The guidelines
for transportation vehicles operated in fixed guideway systems (e.g.,
rapid rail, light rail, commuter rail, and intercity rail) will be
revised and updated at a future date.
The proposed rule addresses the following issues, which are further
discussed later in the preamble:
When the 1991 guidelines were issued, low floor ramped
buses were relatively new and ramp slopes were based on what was
feasible at the time. The 1991 guidelines permitted 1:4 maximum ramp
slopes at bus stops without sidewalks. There are documented incidents
of wheelchairs and their occupants tipping over backwards going up bus
ramps with 1:4 slopes. Since the 1991 guidelines were issued, buses
have been designed with lower floors and longer ramps that have less
steep ramps. The proposed rule specifies 1:6 maximum slopes for ramps
deployed to bus stops with sidewalks and to bus stops without sidewalks
(referred to as the ``roadway'' in the proposed rule).
[[Page 43749]]
The 1991 guidelines require buses, over-the-road buses,
and vans to provide ``sufficient clearances'' for passengers who use
wheelchairs to reach the wheelchair spaces in the vehicles. Individuals
with disabilities, transit operators, and vehicle manufacturers have
requested guidance on what are ``sufficient clearances.'' The proposed
rule specifies minimum dimensions for circulation paths connecting
doorways that provide accessible boarding and wheelchair spaces, and
for wheelchairs to maneuver into and out of wheelchair spaces.
Additional research has been conducted on wheelchair
transportation safety since the 1991 guidelines were issued. The
proposed rule reduces the design force for wheelchair securement
systems on large vehicles with a gross vehicle weight rating of 30,000
pounds or more, and adds a requirement for a forward excursion barrier
at rear facing wheelchair securement systems based on the research. The
proposed rule also requests comments on other recommendations submitted
by researchers and safety experts regarding wheelchair securement
systems.
Public transit agencies are increasingly deploying
intelligent transportation system technologies on buses. These
technologies enable automated stop and route announcements on buses.
The proposed rule requires public transit agencies that operate 100 or
more buses in annual maximum service in fixed route systems to provide
automated stop and route announcements on newly acquired buses that are
more than 22 feet in length and operate in fixed route systems.
Bus rapid transit is a new type of service that did not
exist when the 1991 guidelines were issued. Some bus rapid transit
systems are designed with raised platforms to provide level boarding,
and the vehicles which operate in these systems can have passenger
doors on both sides of the vehicle. The proposed rule addresses how the
requirements for accessible boarding, circulation paths, and doorways
apply to vehicles which operate in bus rapid transit systems that
provide level boarding.
The proposed rule also removes some requirements in the 1991
guidelines that are unnecessary, modifies other requirements, and adds
a few new requirements. A side-by-side comparison of the proposed rule
and the 1991 guidelines is available on the Access Board's Web site at
http://www.access-board.gov/transit/. The side-by-side comparison shows
what requirements are removed, modified, or new.
New Format and Organization
The 1991 guidelines for buses and vans are contained in subpart B
of 36 CFR part 1192 (Sec. Sec. 1192.21 to 1192.39) and for over-the-
road buses are contained in subpart G of 36 CFR part 1192 (Sec. Sec.
1192.151 to 1192.161).
The proposed rule uses a new format and organization that is based
on the accessibility guidelines for buildings and facilities in 36 CFR
part 1191. The new format sets forth the guidelines for buses, over-
the-road buses, and vans in an appendix to 36 CFR part 1192. The
appendix is organized into eight chapters:
Chapter T1 contains general information, including
definitions.
Chapter T2 contains scoping requirements that specify what
vehicle features are required to be accessible.
Chapters T3 through T8 contain technical requirements that
specify how to design the vehicle features so they are accessible.
When the guidelines for transportation vehicles operated in fixed
guideway systems are revised and updated in the future, the scoping and
technical requirements for those vehicles will be added to Chapters T2
through T8.
Each chapter is arranged logically, and contains numbered sections
and sub-sections that address a single subject indicated by the heading
or title of the section and subsection. Figures are provided after some
sections or subsections to illustrate the requirement in the section or
subsection. Non-mandatory advisory information is inserted in boxes
after some sections or subsections and is clearly identified.
Most of the revisions in the proposed rule are editorial only, and
restate current requirements in the 1991 guidelines in plain language
that is clear and easy to understand. The side-by-side comparison of
the proposed rule and the 1991 guidelines on the Access Board's Web
site at http://www.access-board.gov/transit shows what revisions are
editorial only.
Proposed Changes That Received Substantial Comment
The Access Board made available drafts of the proposed rule for
public review and comment in April 2007 and November 2008. The drafts
and comments on the drafts are available on the Access Board's Web site
at: http://www.access-board.gov/transit/. Proposed changes that
received substantial comment are discussed below. Sections of the
proposed rule are referred to by number (e.g., T201).
Ramp Slope
Current Requirements
When the 1991 guidelines were issued, low floor ramped buses were
relatively new. The Access Board did not want to preclude the use of
low floor ramped buses because of their efficiency and speed of
boarding compared to high floor buses equipped with lifts.
Consequently, the ramp slopes in the 1991 guidelines were based on what
was feasible at the time. The 1991 guidelines specify a range of
maximum slopes for ramps deployed to bus stops with sidewalks and to
bus stops without sidewalks.\2\ The maximum ramp slopes in the 1991
guidelines are shown in the table below and are expressed as the ratio
of the rise (distance from bus stop surface to bus floor surface) to
the run (usable length of the ramp).
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\2\ 36 CFR 1192.23(c)(5) and 1192.159(c)(5).
1991 Guidelines
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Height of vehicle floor above 6 inch curb* Maximum ramp slope
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Bus Stops with Sidewalks
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3 inches or less.............................. 1:4
6 inches or less but more than 3 inches....... 1:6
9 inches or less but more than 6 inches....... 1:8
more than 9 inches............................ 1:12
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Bus Stops without Sidewalks
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Height of vehicle floor above roadway Maximum ramp slope
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Any distance.................................. 1:4
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*The 1991 guidelines assume a 6 inch curb at sidewalks.
The following example illustrates the application of the 1991
guidelines. A low floor bus with a 15-inch-high floor that can be
lowered by the suspension system (``kneeled'') to 12 inches at bus
stops would have to provide a ramp that is at least 48 inches long to
meet the maximum slope requirements at both bus stops with sidewalks
and bus stops without sidewalks. At bus stops with sidewalks, the ramp
slope would be 1:8. At bus stops without sidewalks, the ramp slope
would be 1:4, or twice as steep as at bus stops with sidewalks.
Proposed Rule
Since the 1991 guidelines were issued, buses have been designed
with lower floors and longer ramps that have less steep ramps.\3\
Research shows that short ramps with slopes steeper than 1:8 are
difficult for individuals with disabilities to use.\4\ There are
documented incidents of wheelchairs and their occupants tipping over
backwards going up bus ramps with 1:4 slopes. A study of adverse
incident reports from one public transit agency shows that a large
percent of the incidents involving passengers who use wheelchairs occur
while using bus ramps.\5\
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\3\ The Transbus prototype for the low floor ramped bus had a
17-inch-high floor that kneeled to approximately 13 inches and a 48-
inch-long ramp. Low floor ramped buses available today have floors
that are 14 to 15 inches high and can kneel to as low as 10 inches,
and ramps that are as long as 60 inches.
\4\ Templer, J., ``Provisions for Elderly and Handicapped
Pedestrians, Vol. 3: The Development and Evaluation of
Countermeasures,'' Report No. FHWA-RD-79-3 Prepared for the Federal
Highway Administration, Department of Transportation (May 1980), pp.
2-34.
\5\ The transit agency reported 155 adverse incidents involving
passengers who use wheelchairs during a six-year period from 2000 to
2005. In 49 of the incidents (42.6 percent), the passengers were
going up or down bus ramps. In 29 of the incidents (25.7 percent),
the wheelchairs tipped over on the bus ramps and/or the passenger
fell. Frost K. & Bertocci, G., ``Retrospective review of adverse
incidents involving passengers seated in wheeled mobility devices
while traveling in large accessible transit vehicles,'' 32 Medical
Engineering & Physics 230-236 (2010).
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T303.8.1 simplifies the requirements for ramp slope by specifying a
1:6 maximum slope for ramps deployed to bus stops with sidewalks and to
bus stops without sidewalks (referred to as the ``roadway'' in the
proposed rule).
The following example illustrates the application of T303.8.1. A
low floor bus with a 14-inch-high floor that can be lowered by the
suspension system (``kneeled'') to 10 inches at bus stops would have to
provide a ramp that is at least 60 inches long to meet the 1:6 maximum
slope to the roadway. At bus stops with sidewalks, the ramp slope would
be 1:15 (assuming a 6-inch curb).
Bus and ramp manufacturers who commented on the drafts of the
proposed rule provided varied information on this proposed change. Some
bus and ramp manufacturers stated that the proposed 1:6 maximum slope
to the roadway is feasible. Other bus manufacturers stated that the
proposed 1:6 maximum slope to the roadway would involve significant
structural changes to buses, or may not be feasible for certain model
buses.
Question 1: Bus and ramp manufacturers are requested to provide
additional information on the feasibility of the proposed 1:6 maximum
slope to the roadway. If significant structural changes to buses are
involved, provide information on the lead time for making the changes;
the costs associated with the changes; and how much the changes would
add to the cost per bus. If it is not feasible or would be too costly
for certain model buses to meet the proposed 1:6 maximum slope to the
roadway, provide information on the vehicle's design constraints; the
vehicle's floor height to the roadway at the doorway where the ramp is
deployed (in the kneeled position where a ``kneeling'' feature is
provided); and the usable length of the vehicle's ramp when deployed to
the roadway.
Question 2: Van and ramp manufacturers and converters are requested
to provide information on the feasibility of the proposed 1:6 maximum
slope to the roadway for vans equipped with ramps, and any additional
costs that would be incurred as a result of the proposed 1:6 maximum
slope to the roadway.
Question 3: If it is not feasible or would be too costly for
certain model buses or vans to provide ramps with 1:6 maximum slopes to
the roadway, what alternative solutions should the Access Board or the
Department of Transportation consider? For example, on fixed route
systems where some or all of the bus stops on a particular route do not
have sidewalks should only buses or vans that provide ramps with 1:6
maximum slopes to the roadway or are equipped with lifts be permitted
to operate on that route? This would prevent incidents of wheelchairs
and their occupants tipping over on steep ramps. Do different
considerations apply to demand responsive systems? For example, are
drivers of buses and vans used in demand responsive systems more likely
to provide boarding assistance to passengers who use wheelchairs when
ramps are deployed to the roadway and have slopes steeper than 1:6?
What solutions do transit operators currently implement when ramps are
deployed to the roadway and have slopes steeper than 1:6?
Public transit agencies who commented on the drafts of the proposed
rule expressed concern that longer ramps (e.g., bi-fold ramps) will be
more costly to maintain. Public transit agencies also expressed
operational concerns about deploying longer ramps in urban environments
with narrow sidewalks and streets.
Question 4: Ramp manufacturers and public transit agencies that
provide longer ramps on their buses are requested to provide
information on whether longer ramps are more costly to maintain. If
longer ramps are more costly to maintain, provide data on the annual
costs to maintain a longer ramp (e.g., 60 inches) and a shorter ramp
(e.g., 48 inches).
Question 5: Public transit agencies and others are requested to
provide information on possible solutions to operational concerns about
deploying longer ramps in urban environments with narrow sidewalks and
streets. For example, should a public transit agency that operates
buses in urban environments where all the bus stops have sidewalks be
permitted to provide a 1:8 maximum slope to the sidewalk (assuming a 6-
inch curb), instead of a 1:6 maximum slope to the roadway? If a public
transit agency operates buses in urban environments where all the bus
stops have sidewalks, and in other environments where some or all of
the bus stops do not have sidewalks, and the public transit agency
assigns low
[[Page 43751]]
floor ramped buses with shorter ramps to the urban environments only,
and assigns low floor ramped buses with longer ramps or lift equipped
buses to the other environments, should the public transit agency be
permitted to provide a 1:8 maximum slope to the sidewalk (assuming a 6-
inch curb), instead of a 1:6 maximum slope to the roadway on the low
floor ramped buses that are assigned to the urban environments only?
Question 6: Public transit agencies are requested to provide the
following information to assist the Access Board evaluate the impacts
of the ramp slope requirements in the 1991 guidelines and the proposed
rule:
The number and percentage of bus stops in fixed route
systems that do not have sidewalks;
The number of individuals who are paratransit eligible
because they cannot use buses with steep ramps, the average cost per
paratransit trip, and the average number of paratransit trips per
passenger per week; and
The number of adverse incident reports for the past five
years (2005-2009) involving low floor ramped buses and passengers who
use wheelchairs or scooters, and how many of the incidents occurred
while using ramps.
Circulation Paths Connecting Doorways That Provide Accessible Boarding
and Wheelchair Spaces
Current Requirements
The Department of Transportation regulations require transit
operators to transport wheelchairs and scooters that are up to 30
inches wide and 48 inches long.\6\ The 1991 guidelines require buses,
over-the-road buses, and vans to provide ``sufficient clearances'' for
passengers who use wheelchairs to reach the wheelchair spaces in the
vehicles.\7\ Individuals with disabilities, transit operators, and
vehicle manufacturers have requested guidance on what are ``sufficient
clearances.''
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\6\ 49 CFR 37.3 (definition of ``wheelchair'' and ``common
wheelchair'') and 37.165(b).
\7\ 36 CFR 1192.23(a) and 1192.159(a)(1).
The 1991 guidelines require large buses that are more than 22
feet and over-the-road buses to provide at least two wheelchair
spaces; and small buses and vans that are 22 feet or less to provide
at least one wheelchair space. Id. The wheelchair spaces are
required to be located as near as practicable to doorways that
provide accessible boarding, and to be identified by the
International Symbol of Accessibility. 36 CFR 1192.23(d)(2),
1192.27(b), and 1192.159(d)(2). The proposed rule does not change
these requirements.
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Proposed Rule
T502.2 requires circulation paths connecting doorways that provide
accessible boarding and wheelchair spaces to be at least 34 inches
wide. This dimension does not apply to doorways, which are addressed in
T503. This dimension applies from the vehicle floor to a height 40
inches minimum above the vehicle floor. The circulation path width can
be reduced to 30 inches at heights 40 inches minimum above the vehicle
floor.\8\
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\8\ The overhead clearances for circulation paths specified in
T502.2 are the same as in the 1991 guidelines. 36 CFR 1192.29(f) and
1192.153(d). The requirement in T502.3 that features such as
stanchions and fare collection devices not interfere with the
maneuvering of wheelchairs is the same as in the 1991 guidelines. 36
CFR 1192.23(a) and (e), and 1192.33.
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Bus manufacturers who commented on the drafts of the proposed rule
provided varied information on this proposed change. Some bus
manufacturers stated that 34-inch-wide circulation paths are feasible.
Other bus manufacturers stated that seats would have to be eliminated
to provide 34-inch-wide circulation paths.
Question 7: Bus manufacturers and transit operators are requested
to provide additional information on the feasibility of the proposed
clear width for circulation paths connecting doorways that provide
accessible boarding and wheelchair spaces. If the proposed clear width
will result in a loss of seats compared to the current requirement for
``sufficient clearances,'' provide information on the width of the
circulation path currently provided on the vehicle to reach the
wheelchair space(s), and the number of seats that would be lost due to
the proposed clear width. Floor and seating plans showing current
designs and how the designs would have to be modified to comply with
the proposed rule would be helpful for the Access Board to further
evaluate this issue. Information describing how the loss of seats would
affect the transit operator's system would also be helpful.
Question 8: Van manufacturers and converters are requested to
provide information on the feasibility of the proposed clear width for
circulation paths connecting doorways that provide accessible boarding
and wheelchair spaces. If the proposed clear width will result in
modifications to vans compared to the current requirement for
``sufficient clearances,'' provide information on what modifications
would be needed and any costs associated with the modifications.
Information describing how the modifications would affect the transit
operator's system would also be helpful.
The proposed rule does not address maneuvering space at turns,
particularly right angle turns at the front of the bus. Some commenters
recommended that performance specifications, including test methods, be
established for passengers who use wheelchairs to reach wheelchair
spaces in buses, over-the-road buses, and vans. The Rehabilitation
Engineering Research Center on Accessible Public Transportation is
developing a computer-aided design tool for the accessible design of
vehicle interiors that may be useful for this purpose.
Question 9: Comments are requested on whether performance
specifications should be established for passengers who use wheelchairs
to reach wheelchair spaces in buses, over-the-road buses, and vans, and
approaches for establishing such performance specifications.
Wheelchair Space Maneuvering Clearances
Current Requirements
As explained above, the Department of Transportation regulations
require transit operators to transport wheelchairs and scooters that
are up to 30 inches wide and 48 inches long.\9\ The 1991 guidelines
require wheelchair spaces in buses, over-the-road buses, and vans to be
at least 30 inches wide and 48 inches long.\10\
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\9\ See note 6.
\10\ 36 CFR 1192.23(d)(2) and 1192.159(d)(2).
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Wheelchair spaces in buses, over-the-road buses, and vans are
typically confined on three sides by seats, side walls, or wheel wells.
Passengers who use wheelchairs and scooters need additional clearances
to maneuver into and out of confined wheelchair spaces. As explained
above, the 1991 guidelines require buses, over-the-road buses, and vans
buses to provide ``sufficient clearances'' for passengers who use
wheelchairs to reach wheelchair spaces in the vehicles.\11\ Individuals
with disabilities, transit operators, and vehicle manufacturers have
requested guidance on what are ``sufficient clearances.''
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\11\ See note 7.
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Proposed Rule
The drafts of the proposed rule considered basing wheelchair space
maneuvering clearances in buses, over-the-road buses, and vans on the
dimensions for maneuvering clearances in alcoves in the accessibility
guidelines for buildings and facilities.\12\ Transit operators and
vehicle manufacturers commented that those dimensions
[[Page 43752]]
would result in the loss of a significant number of seats, and would
involve significant structural changes to paratransit minivans that
provide rear entry to wheelchair spaces. The proposed rule does not use
the dimensions for maneuvering clearances in alcoves in the
accessibility guidelines for buildings and facilities.
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\12\ The accessibility guidelines for buildings and facilities
require 12 inches minimum maneuvering clearance for parallel
approach into and out of an alcove, and 6 inches minimum maneuvering
clearance for forward approach into and out of an alcove. 36 CFR
part 1191, Appendix D, 305.7.
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The proposed rule uses the following dimensions recommended by
transit operators for wheelchair space maneuvering clearances in buses,
over-the-road buses, and vans:
T402.4.1 requires 1 inch minimum maneuvering clearance on
the short side of wheelchair spaces entered from the front or rear [the
total size of the wheelchair space and maneuvering clearance is 31
inches by 48 inches minimum]; and
T402.4.2 requires 6 inches minimum maneuvering clearance
on the long side of wheelchair spaces entered from the side [the total
size of the wheelchair space and maneuvering clearance is 30 inches by
54 inches minimum].
The transit operators who recommended these dimensions stated that
they will provide ``sufficient clearances'' for most wheelchairs and
scooters to maneuver into and out of wheelchair spaces in buses, over-
the-road buses, and vans, and will not result in a loss of seats or
structural changes to paratransit minivans that provide rear entry to
wheelchair spaces.
Fold-down seats are permitted to occupy the wheelchair space and
maneuvering clearance provided the wheelchair space and maneuvering
clearance are not obstructed when the seats are in the up position.
Fold-down seats are permitted to occupy the maneuvering clearance when
the wheelchair space is occupied. Figures are provided in T402.4.1 and
T402.4.2 to illustrate the wheelchair space and maneuvering clearance,
and use of fold-up seats.
Question 10: Individuals with disabilities are requested to comment
on whether the proposed maneuvering clearances are sufficient for
wheelchairs and scooters to maneuver into and out of wheelchair spaces
in buses, over-the-road buses, and vans.
Question 11: Transit operators and vehicle manufacturers are
requested to comment on whether the proposed maneuvering clearances and
use of fold-down seats will result in a loss of seats compared to the
current requirement for ``sufficient clearances.'' If the proposed
maneuvering clearances and use of fold-down seats will result in a loss
of seats, provide information on the size of the clearances currently
provided on the vehicle to maneuver into and out of the wheelchair
space(s), and the number of seats that would be lost due to the
proposed maneuvering clearances. Floor and seating plans showing
current designs and how the designs would have to be modified to comply
with the proposed rule would be helpful for the Access Board to further
evaluate this issue. Information describing how the loss of seats would
affect the transit operator's system would also be helpful.
Question 12: Manufacturers and operators of paratransit minivans
are requested to provide information on the feasibility of providing
additional maneuvering clearance (beyond 1 inch) for rear entry to a
wheelchair space without making significant structural changes to the
vehicles.
Wheelchair Securement Systems
Current Requirements
The 1991 guidelines require buses, over-the road-buses, and vans to
provide wheelchair securement systems at each wheelchair space.\13\ The
1991 guidelines specify that the wheelchair securement systems secure
the wheelchair so that the occupant faces the front or rear of the
vehicle.\14\ On large buses that are more than 22 feet in length, at
least one wheelchair securement system must be front facing.\15\ Side
facing securement is not permitted.
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\13\ 36 CFR 1192.23(a) and 1192.159(a)(1). The proposed rule
does not change this requirement.
\14\ 36 CFR 1192.23(d)(4) and 1192.159(d)(4). The proposed rule
does not change this requirement.
\15\ Id. The proposed rule does not change this requirement.
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Proposed Rule
The proposed rule includes two changes to the current technical
requirements for wheelchair securement systems based on research
conducted on wheelchair transportation safety since the 1991 guidelines
were issued.
T403.3.1 reduces the minimum force that wheelchair securement
systems must be designed to restrain wheelchairs and their occupants in
the forward longitudinal direction in large vehicles with a gross
vehicle weight rating of 30,000 pounds or more. The design force is
reduced from 4,000 pounds to 2,000 pounds based on research showing the
``g'' loads generated on wheelchairs and their occupants in large
vehicles under the following conditions: Maximum acceleration (0.2g),
maximum braking (0.85g), rapid turning (0.5g), and frontal collision
(3g).\16\ Wheelchair securement systems that are designed to restrain a
force of 2,000 pounds in the forward longitudinal direction in large
vehicles would provide an appropriate level of protection based on
these ``g'' loads.
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\16\ The research is referenced in comments submitted by the
Rehabilitation Engineering and Assistive Technology Society of North
America and Rehabilitation Engineering Research Center on Wheelchair
Transportation Safety. The comments are available on the Access
Board's Web site at: http://www.access-board.gov/transit/.
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Question 13: Comments are requested on this proposed reduction in
design force for wheelchair securement systems in large vehicles. How
will the proposed change affect the costs for wheelchair securement
systems in large vehicles?
T403.5 modifies the technical requirements for rear facing
wheelchair securement systems to include a forward excursion barrier in
addition to the current requirement for a padded headrest. The forward
excursion barrier extends from the vehicle floor to a height of 24
inches minimum for the full width of the wheelchair space.\17\
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\17\ The dimensions for the forward excursion barrier are based
on comments submitted by the Rehabilitation Engineering and
Assistive Technology Society of North America. The comments are
available on the Access Board's Web site at: http://www.access-board.gov/transit/.
---------------------------------------------------------------------------
Question 14: Comments are requested on including a forward
excursion barrier in the technical requirements for rear facing
wheelchair securement systems. Are rear facing securement systems
commonly provided in buses, over-the road-buses, and vans? Where
provided in new buses, over-the road-buses, and vans, do rear facing
securement systems currently include forward excursion barriers? Will
the forward excursion barrier result in any additional costs for new
buses, over-the road-buses, and vans that provide rear facing
securement systems?
Recommendations Submitted by Researchers and Safety Experts That Are
Not Included in the Proposed Rule
Researchers and safety experts who commented on the drafts of the
proposed rule submitted four recommendations regarding the technical
requirements for wheelchair securement systems that are not included in
the proposed rule. Their recommendations are summarized below.
1. SAE Recommended Practice J2249, Wheelchair Tiedown and Occupant
Restraint Systems for Use in Motor Vehicles (June 9, 1999)
Researchers and safety experts recommended that front facing
wheelchair securement systems comply with SAE Recommended Practice
J2249, Wheelchair Tiedown and Occupant Restraint Systems for Use in
Motor
[[Page 43753]]
Vehicles (June 9, 1999).\18\ SAE Recommended Practice J2249 specifies
design requirements, performance requirements, and test methods for
wheelchair tiedown and occupant restraint systems for use in motor
vehicles, and includes requirements for product marking and labeling
and manufacturer's instructions to installers and users.
---------------------------------------------------------------------------
\18\ SAE Recommended Practice J2249 is being revised and
updated, and will be published as the American National Standards
Institute (ANSI)/Rehabilitation Engineering and Assistive Technology
Society of North America (RESNA) WC-18 standard.
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2. Wheelchair Securement Systems in Small Vehicles
Researchers and safety experts recommended that rear facing
wheelchair securement systems not be permitted in small vehicles with a
gross vehicle weight rating of less than 30,000 pounds because current
wheelchair securement systems have not been designed and tested to
secure rear facing wheelchairs in small vehicles and to withstand the
high ``g'' loads generated on wheelchairs and their occupants in a
small vehicle by a frontal collision. They also recommended that the
5,000 pounds minimum design force specified in the 1991 guidelines for
small vehicles be increased for forward facing wheelchair securement
systems.
3. Movement Under Emergency Driving Conditions
Researchers and safety experts recommended that performance
specifications and test methods be established for wheelchair
securement systems to limit movement of an occupied wheelchair under
emergency driving conditions, such as maximum braking and rapid
turning.
4. Rear Facing Compartmentalization
Researchers and safety experts recommended that ``rear facing
compartmentalization'' be permitted in large vehicles with a gross
vehicle weight rating of 30,000 pounds or more, especially bus rapid
transit vehicles. ``Rear facing compartmentalization'' is used in
Europe and Canada. As explained by the researchers and safety experts,
in ``rear facing compartmentalization'' the wheelchair occupant backs
as close as possible to a rear-facing padded excursion barrier and
there is a means to prevent the wheelchair from tipping into the aisle.
``Rear facing compartmentalization'' assumes that the wheelchair has
brakes which are functioning and that the friction between the
wheelchair wheels and the floor is high enough to prevent sliding.
``Rear facing compartmentalization'' does not require the attachment of
wheelchair securement systems to the wheelchair. Researchers and safety
experts also recommended that seat belts and shoulder belts should not
be required where ``rear facing compartmentalization'' is permitted in
large vehicles.
Question 15: Comments are requested on whether any of the above
recommendations should be included in a subsequent rulemaking.
Automated Stop and Route Announcements
Current Requirements
The 1991 guidelines require buses that are more than 22 feet in
length and operate in fixed route systems to provide public address
systems for announcing stops.\19\ The Department of Transportation
regulations require stops and routes to be announced.\20\ These
requirements apply to both public transit agencies and private transit
operators. Failure to announce stops and routes is a frequent source of
complaints to the Department of Transportation and lawsuits against
public transit agencies.
---------------------------------------------------------------------------
\19\ 36 CFR 1192.35(a).
\20\ 49 CFR 37.167(b) and (c).
---------------------------------------------------------------------------
Proposed Rule
Public transit agencies are increasingly deploying intelligent
transportation system technologies that enable automated stop and route
announcements. Automated announcements provide standardized messages
and result in increased compliance with current regulatory
requirements.
The drafts of the proposed rule considered requiring public transit
agencies to provide automated stop and route announcements on buses
that are more than 22 feet in length and operate in fixed route
systems. The American Public Transportation Association commented that
the cost of providing automated announcements would be burdensome for
small public transit agencies, and recommended that only large public
transit agencies that operate 100 or more buses in peak service be
required to provide automated announcements.
T203.13 requires large public transit agencies that operate 100 or
more buses in annual maximum service in fixed route systems, as
reported in the National Transit Database, to provide automated stop
and route announcements on buses that are more than 22 feet in length
and operate in fixed route systems.
The Access Board prepared a report to estimate the costs of this
proposed change. The report is available on the Access Board's Web site
at: http://www.access-board.gov/transit/. According to the National
Transit Database, 87 public transit agencies operate 100 or more buses
in annual maximum service in fixed route systems. More than 90 percent
of these public transit agencies currently provide automated stop and
route announcements on buses. The report assumes that the public
transit agencies will continue to provide automated announcements on
buses in the future, and will not incur any additional costs as a
result of the proposed rule.
Only 7 public transit agencies that operate 100 or more buses in
annual maximum service in fixed route systems do not currently provide
automated stop and route announcements on buses. The total estimated
costs of requiring automated announcements for the 7 public transit
agencies are presented below. The cost estimates include one-time costs
to equip new buses and to set-up backend systems for implementing
automated announcements, and on-going maintenance and operation costs
for the bus equipment and backend systems. The low cost and high cost
scenarios account for variables that can affect the costs.
----------------------------------------------------------------------------------------------------------------
Present value Present value
Costs (3%)* (7%)*
----------------------------------------------------------------------------------------------------------------
Low Cost Scenario
----------------------------------------------------------------------------------------------------------------
Total Costs Over 12 Year Bus Replacement Cycle.................. $9,548,280 $8,027,897 $6,534,112
Annualized Costs................................................ 795,690 668,991 544,509
----------------------------------------------------------------------------------------------------------------
[[Page 43754]]
High Cost Scenario
----------------------------------------------------------------------------------------------------------------
Total Costs Over 12 Year Bus Replacement Cycle.................. 19,678,022 16,809,905 13,970,121
Annualized Costs................................................ 1,639,835 1,400,825 1,164,767
----------------------------------------------------------------------------------------------------------------
* Present value is based on discount rates in OMB Circular No. A-94.
----------------------------------------------------------------------------------------------------------------
Question 16: Comments are requested on the report estimating the
costs of requiring automated stop and route announcements, including
the data and assumptions in the report.
Forty (40) of the public transit agencies that operate 100 or more
buses in annual maximum service in fixed route systems contract with
private entities to operate some or all of the buses. The Department of
Transportation regulations require a private entity that acquires
vehicles to operate in a fixed route system under contract with a
public transit agency to comply with the accessibility standards
applicable to the public transit agency.\21\ The report estimating the
costs of requiring automated stop and route announcements identifies
the 40 public transit agencies that contract with private entities to
operate buses in their fixed route systems, and the private entities
that operate the buses. These private entities would have to comply
with T203.13 if they acquire buses to operate in fixed route systems
under contract with the public transit agencies. These private entities
would not be affected by T203.13 if the public transit agencies provide
the buses to the private entities to operate, or if the private
entities deploy buses from their existing fleets to operate in the
fixed route systems under contract with the public transit agencies.
Information is not available on whether any of the private entities
that contract with the public transit agencies acquire buses to operate
in fixed route systems under contract with the public transit agencies.
---------------------------------------------------------------------------
\21\ 49 CFR 37.23(b).
---------------------------------------------------------------------------
Question 17: Private entities that contract with public transit
agencies operating 100 or more buses in annual maximum service in fixed
route systems and acquire buses to operate in the fixed route systems
under contract with the public transit agencies, are requested to
provide information on the number of buses acquired on an annual basis
for operation in the fixed route systems under contract with the public
transit agencies, and whether the buses provide automated stop and
route announcements.
For public transit agencies that have invested in intelligent
transportation system technologies, the incremental cost of providing
automated stop and route announcements is relatively low compared to
public transit agencies that do not invest in such technologies. The
Access Board is considering as an alternative requiring only public
transit agencies that have invested in intelligent transportation
system technologies to provide automated announcements. Under this
alternative, large public transit agencies that have not invested in
intelligent transportation system technologies would not be required to
do so in order to provide automated announcements. Small public transit
agencies that have invested in intelligent transportation system
technologies would be required to provide automated announcements, and
many of these public transit agencies currently provide automated
announcements. The requirement to provide automated announcements would
apply only to newly acquired buses. Existing buses would not be
required to provide automated announcements.
Question 18: Comments are requested on whether only public transit
agencies that have invested in intelligent transportation system
technologies should be required to provide automated stop and route
announcements.
T704.1 requires automated stop and route announcements to use
recorded or digitized human speech. T704.2 requires the stop
announcements to be audible within the vehicle, and T704.3 requires the
route announcements to be audible at boarding and alighting areas.
T704.2 also requires signs within the bus to display stops.
Question 19: Comments are requested on whether there are
appropriate standards for audio quality that should be referenced in
T704.1 or recommended in advisory information.
Question 20: Comments are requested on whether intelligent
transportation system technologies currently in use have the capability
to communicate stop and route information to passengers through
personal communications devices (e.g., text messaging), in addition to
audible and visible announcements through speakers and signs. If
intelligent transportation system technologies do not have this
capability, are there other technologies that can communicate stop and
route information to passengers through personal communications devices
(e.g., text messaging)? Comments are requested on the costs and
benefits of communicating stop and route information to passengers
through personal communications devices.
Service Issues
Transit operators who commented the drafts of the proposed rule
requested guidance on the transportability of certain size wheelchairs
and mobility devices (e.g., Segways). The Department of Transportation
is responsible for issuing regulations regarding the provision of
transportation services to individuals with disabilities under the
Americans with Disabilities Act. The Department of Transportation
regulations specify the size of wheelchairs that must be
transported.\22\ The Department of Transportation has also issued
guidance on the use of Segways on transportation vehicles.\23\ The
Department of Transportation will conduct a separate rulemaking to
amend its regulations so that the accessibility standards included in
the regulations are consistent with the revisions to Access Board's
transportation vehicle guidelines. Comments on transportability of
certain size wheelchairs and mobility devices, and other service issues
should be submitted to the Department of Transportation when it amends
its regulations.
---------------------------------------------------------------------------
\22\ 49 CFR 37.3 (definition of ``wheelchair'' and ``common
wheelchair'') and 37.165 (b). This proposed rule does not use the
term ``common wheelchair'' because the relevant technical
requirements for lift platforms, ramps and bridgeplates, circulation
paths, and wheelchair spaces specify the appropriate dimensions for
those features.
\23\ Use of ``Segways'' on Transportation Vehicles [http://www.fta.dot.gov/civilrights/ada/civil_rights_3893.html].
---------------------------------------------------------------------------
Section-by-Section Analysis
The other proposed revisions to the 1991 guidelines for buses,
over-the-road buses, and vans are discussed below.
[[Page 43755]]
Most of the revisions are editorial only, and the requirements are the
same as in the 1991 guidelines. Revisions that modify current
requirements or add new requirements are discussed under each section
below.
Question 21: Comments are requested on whether any of the revisions
that modify current requirements or add new requirements would add to
the costs of the vehicles. Comments should identify the requirement and
section number, and provide specific information about any costs.
Chapter T1: Application and Administration
T101 General
This section clarifies that the scoping and technical requirements
apply to the acquisition of new, used, and remanufactured vehicles and
the remanufacture of existing vehicles to the extent required by
regulations issued by the Department of Transportation. As discussed at
the beginning of the preamble, the Department of Transportation
regulations specify which public and private entities must comply with
the transportation provisions of the ADA, and when transportation
vehicles acquired or remanufactured by the public or private entities
must be accessible. As explained above, the Department of
Transportation will conduct a separate rulemaking to amend its
regulations so that the accessibility standards included in the
regulations are consistent with the revisions to Access Board's
transportation vehicle guidelines. When the Department of
Transportation amends its regulations, the Department of Transportation
will establish the effective date for the revised accessibility
standards.
T102 Equivalent Facilitation
The revisions to this section are editorial only. Transit operators
can use alternative designs and technologies that result in
substantially equivalent or greater accessibility or usability. The
Department of Transportation regulations contain procedures for
determining whether alternative designs and technologies provide
equivalent facilitation.\24\
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\24\ 49 CFR 37.7(b).
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T103 Conventions
The revisions to T103.1 on dimensions and T103.2 on tolerances are
editorial only. T103.3 explains that figures are provided for
information purposes only, except for the International Symbol of
Accessibility in Figure T703. T103.4 explains that measurements are
stated in metric and U.S. customary units and that each system of
measurement is to be used independently of the other. T103.5 explains
that the length of buses, over-the-road buses, and vans is measured
from standard bumper to standard bumper, exclusive of any additional
protrusions.
T104 Definitions
T104.1 adopts the definitions in the Department of Transportation
regulations for terms that are used in the proposed rule and are
defined in the Department of Transportation regulations. These terms
include: Accessible, bus, fixed route system, new vehicle, over-the-
road bus, public entity, remanufactured vehicle, used vehicle, and
wheelchair.\25\ T104.2 uses collegiate dictionaries to determine the
meaning of terms that are not defined in the proposed rule or the
Department of Transportation regulations. T104.3 explains that singular
and plural words, terms, and phrases are used interchangeably. T104.4
adds new definitions for the terms: boarding device, bridgeplate, level
boarding bus system, operable part, and surface discontinuities.
---------------------------------------------------------------------------
\25\ The Department of Transportation regulations define these
terms in 49 CFR 37.3.
---------------------------------------------------------------------------
Chapter T2: Scoping Requirements
T201 General
This introductory section states that new, used, and remanufactured
vehicles are required to comply with the scoping requirements in
Chapter 2 to the extent required by the Department of Transportation
regulations.
T202 Reduction in Access Prohibited
This section clarifies that modifications to an accessible vehicle
must not decrease the accessibility of the vehicle below the
requirements in effect at the time of the modification.
T203 Buses, Over-the-Road Buses, and Vans
This section contains the scoping requirements for buses, over-the-
road buses, and vans. The scoping requirements address 14 features that
affect the accessibility and usability of the vehicles, and reference
the technical requirements in Chapters T3 through T8 that the features
must comply with to be readily accessible to and usable by individuals
with disabilities. Some scoping requirements are based on the size of
the vehicles, or apply only to vehicles operated in fixed route systems
or vehicles operated by public entities (i.e., State or local
government units). The scoping requirements in T203 should be consulted
before reading the technical requirements in Chapters T3 through T8 to
determine what technical requirements apply to the vehicle.
T203.1 is a general introductory subsection that plainly states the
scoping requirements in T203 apply to buses, over-the-road buses, and
vans. The subsequent subsections in T203 simply refer to buses, over-
the-road buses, and vans as vehicles. Buses, over-the-road buses, and
vans are simply referred to as vehicles in the discussion of those
subsections below.
Accessible Boarding
The scoping requirements for accessible boarding in T203.2 are
modified to address bus rapid transit systems in which some or all of
the designated stops have station platforms that are coordinated with
the vehicle floor to provide level boarding. These systems are referred
to as level boarding bus systems in the proposed rule.
T203.2.1 retains the current requirement in the 1991 guidelines
that all vehicles provide lifts or ramps for accessible boarding. The
current exception that permits over-the-road buses to provide portable
or station-based boarding devices is removed.
T203.2.1 clarifies that lifts and ramps must be capable of being
deployed to all designated stops on the route to which the vehicle is
assigned and to the roadway.
T203.2.1.2 modifies the scoping requirements for ramps as follows:
Ramps on vehicles more than 6.7 m (22 feet) in length must
be permanently installed and power operated.
Vehicles that operate in level boarding bus systems where
all the designated stops have station platforms are permitted to
provide on board the vehicle portable ramps that can be deployed to the
roadway in the event that the vehicle breaks down on the roadway.
Additional scoping requirements apply to vehicles operating in
level boarding bus systems as follows:
T203.2.2.1 requires the design of the vehicles to be
coordinated with the station platforms to minimize the gap between the
vehicle floor and the station platform.
T203.2.2.2 requires the vehicles to provide ramps or
bridgeplates that can be deployed to the station platforms where the
gap between the vehicle floor and station platforms is greater than 51
mm (2 inches) horizontally or 16 mm (\5/8\ inch) vertically when
measured at 50 percent passenger load with the vehicle at rest. Where
these gap dimensions are not exceeded, accessible boarding can
[[Page 43756]]
be provided at station platforms without ramps or bridgeplates. Where
ramps or bridgeplates are provided on vehicles, T303.8.2 specifies a
1:8 maximum ramp slope to the station platforms.
Where ramps or bridgeplates are required to provide
accessible boarding at station platforms, T203.2.2.2.1 requires
vehicles with doorways on one side of the vehicle to provide ramps or
bridgeplates in at least one doorway; and T203.2.2.2.2 requires
vehicles with doorways on two sides of the vehicle to provide ramps or
bridgeplates in at least one doorway on each side of the vehicle. The
ramps or bridgeplates must be permanently installed and power operated.
Ramps provided to comply with T203.2.1 can be used to provide
accessible boarding at one doorway. Bridgeplates can be used to provide
accessible boarding at additional doorways.
The technical requirements for lifts, ramps, and bridgeplates are
discussed under Chapter T3.
Wheelchair Spaces
The scoping and technical requirements for wheelchair spaces are
discussed under Proposed Changes That Received Substantial Comment.
Circulation Paths
T 203.4.1 requires all circulation paths to comply with the
technical requirements for surfaces. The technical requirements for
surfaces are discussed under T802.
T203.4.2.1 clarifies that circulation paths must connect each
wheelchair space to a doorway with a boarding device that can be
deployed to the roadway. Where a portable ramp is permitted on vehicles
operating in level boarding bus systems, a circulation path must
connect each wheelchair space to a doorway where a portable ramp can be
deployed to the roadway.
Additional scoping requirements apply to vehicles operating in
level boarding bus systems. T403.4.2.2 requires a circulation path to
connect each wheelchair space to a doorway that provides accessible
boarding at station platforms. Where doorways are provided on two sides
of the vehicle, a circulation path must connect each wheelchair space
to a doorway on each side of the vehicle that provides accessible
boarding at station platforms.
The technical requirements for circulation paths that connect
wheelchair spaces to doorways are discussed under Proposed Changes That
Received Substantial Comment.
Doorways
T203.5.1 through T203.5.3 require doorways with lifts or ramps,
doorways with level-entry boarding, and doorways with steps on over-
the-road buses to comply with the applicable technical requirements in
T503, which are discussed under that section. T203.5.4 requires
doorways that provide accessible boarding to be identified on the
exterior of the vehicle by the International Symbol of Accessibility,
unless all the doorways provide accessible boarding. Where lighting is
provided at doorways, T203.5.5 requires the lighting to comply with the
technical requirements for lighting in T803, which are discussed under
that section.
Steps
T203.6 requires steps on vehicles to comply with the technical
requirements in T504, which are discussed under that section.
Handrails, Stanchions, and Handholds
The revisions to the scoping requirements for handrails,
stanchions, and handholds at passenger doorways, at fare collection
devices where provided, and along circulation paths in T203.7.1 are
editorial only. Transit operators and vehicle manufacturers commenting
on the drafts of the proposed rule noted it is not practical to provide
stanchions or handholds on high-back reclining seats that are typically
provided on over-the-road buses. T203.7.2 clarifies the location of
handrails, stanchions, and handholds at forward and rear-facing seats
on large vehicles that are more than that are more than 6.7 m (22 feet)
in length. Handholds or stanchions must be provided on the back of low-
back non-reclining seats, and handrails must be provided overhead or on
overhead luggage racks at high-back reclining seats. The technical
requirements for handrails, stanchions, and handholds are discussed
under T505.
Wheelchair Securement Systems
The scoping and technical requirements for wheelchair securement
systems are discussed under Proposed Changes That Received Substantial
Comment.
Seat Belts and Shoulder Belts
The revisions to the scoping requirements for seat belts and
shoulder belts in T203.9 are editorial only.
Seats
T203.10.1 clarifies the scoping requirements for the number and
location of priority seats for passengers with disabilities on vehicles
operated in fixed route systems. At least two seats must be designated
as priority seats for passengers with disabilities. The seats must be
located as near as practicable to a doorway that is used for both
boarding and alighting. Where aisle facing and forward facing seats are
provided, one of the priority seats must be an aisle facing seat and
one of the priority seats must be a forward facing seat. The revisions
to the scoping requirements for priority seat signs in T203.10.2 are
editorial only. The signs must inform other passengers to make the
seats available to passengers with disabilities.
T203.10.3 modifies the scoping requirements for folding or
removable armrests on the aisle side of seats on over-the-road buses.
The 1991 guidelines require at least 50 percent of aisle seats,
including all moveable or removable seats at wheelchair spaces, to
provide folding or removable armrests to permit easy access to the
seats by passengers with disabilities.\26\ T203.10.3 requires all
moveable or removable aisle seats at wheelchair spaces and at least 25
percent of all other aisle seats to provide folding or removable
armrests.
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\26\ 36 CFR 1192.161.
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Destination and Route Signs
The revisions to the scoping requirements for destination and route
signs in T203.11 are editorial only. Where destination and route signs
are provided on the exterior of a vehicle, the signs must be provided
on the front and boarding side of the vehicle, and must be illuminated.
The technical requirements for characters on the signs are discussed
under T702.
Public Address Systems
The revisions to the scoping requirements for public address
systems in T203.12 are editorial only. Vehicles more than 6.7 m (22
feet) in length that operate in fixed route systems and stop at
multiple designated stops must provide a public address system to
announce stops and provide other passenger information within the
vehicle.
Automated Stop and Route Announcements
The scoping and technical requirements for automated stop and route
announcements are discussed under Proposed Changes That Received
Substantial Comment.
Stop Request Systems
The revisions to the scoping requirements for stop request systems
in T203.14 are editorial only. Vehicles
[[Page 43757]]
more than 6.7 m (22 feet) in length that operate in fixed route systems
and stop at multiple designated stops on passenger request must provide
a stop request system. The technical requirements for stop request
systems are discussed under T705.
Fare Collection Devices
T203.15 requires fare collection devices on vehicles to comply with
the technical requirements in T806, which are discussed under that
section.
Chapter T3: Boarding Devices
T301 General
This section states that the technical requirements for boarding
devices in Chapter T3 apply where required by the scoping requirements
in Chapter T2.
T302 Lifts
This section contains the technical requirements for lifts.
Advisory information is added after T302.1 regarding the Federal Motor
Vehicle Safety Standards (FMVSS) for motor vehicle lifts issued by the
National Highway Traffic Safety Administration. The FMVSS are generally
consistent with T302. Some of the requirements in T302 are more
stringent than the FMVSS, including openings in lift platform surfaces
in T302.5.1 and T802.3, and transitions at the boarding edges of
threshold ramps on lift platforms in T302.5.5 and T802.5. T302 also
contains some requirements that are not addressed in the FMVSS,
including door releases for manual operation of lifts in T302.4,
boarding direction in T302.5.9, and use by standees in T302.5.10.
T302.2 specifies a 273 kg (600 pounds) minimum design load for
lifts. The drafts of the proposed rule considered increasing the design
load to 300 kg (660 pounds). Comments from transit operators and
vehicle manufacturers recommended that changes to the design load be
coordinated with the FMVSS. The FMVSS requires a series of tests for
lifts using a standard load of 273 kg (600 pounds). Based on the
comments, the design load is not changed.
The following technical requirements in T302 are modified:
T302.4 requires doors that must be opened to manually
operate the lift if the power fails to have interior and exterior
manual releases. Exterior releases can have locks to secure the vehicle
when unattended. The other requirements in T302.4 for manual operation
of lifts in the event of power failure are the same as in the 1991
guidelines.
T302.5.2 increases the height for measuring the clear
width and length above the lift platform surface from 766 mm (30
inches) to 1015 mm (40 inches) minimum to accommodate the controls on
power wheelchairs. T 302.5.2 also clarifies that the clear length
measured at the platform surface is 1015 mm (40 inches) minimum. The
other dimensions in T302.5.2 for the lift platform surface are the same
as in the 1991 guidelines.
T302.5.4 revises the specification for gaps between the
lift platform surface and the vehicle floor to be consistent with the
specifications for openings in T302.5.3. Gaps and openings must not
allow the passage of a sphere more than 16 mm (\5/8\ inch) in diameter.
T302.5.5 requires transitions at threshold ramps on the
boarding edge of lift platforms to comply with T802.5. T802.5 limits
surface discontinuities to 6.4 mm (\1/4\ inch) high maximum without
edge treatment and 13 mm (\1/2\ inch) high maximum with beveled edge
treatment. The bevel must have a slope not steeper than 1:2 (50
percent) applied across the entire surface discontinuity. The other
requirements in T302.5.5 for the slope of threshold ramps on the
boarding edge of lift platforms are the same as in the 1991 guidelines.
T302.5.6 revises the requirement for visual contrast on
the sides of lift platform surfaces to be consistent with the FMVSS.
The perimeter of lift platform surfaces must have a 25 mm (1 inch)
minimum outline that contrasts visually with the rest of the platform
surface.
T302.5.7 eliminates the load test for lift platform
deflection. The FMVSS specifies a load test for lift platform
deflection. The other requirements in T302.5.7 for lift platform
deflection are the same as in the 1991 guidelines.
The revisions to the other technical requirements in T302 are
editorial only. Those technical requirements are the same as in the
1991 guidelines and are summarized below:
T302.3.1 requires interlocks to prevent the vehicle from
moving when the lift is not stowed and the lift controls from operating
unless the interlocks are engaged.
T302.3.2 requires lift controls to be of a momentary
contact type; permit the operator to change the operation sequence; and
prevent the lift platform from folding, retracting, or stowing when
occupied, unless the platform is designed to be occupied when stowed in
the passenger area of the vehicle.
T302.5.1 requires lift platform surfaces to comply with
the technical requirements for surfaces in T802.
T302.5.3 requires edge barriers on the sides of lift
platforms to prevent the wheels of wheelchairs from rolling off the
platforms.
T302.5.8.1 specifies the movement rate for lifts under
normal operating conditions.
T302.5.8.2 specifies the movement rate for lifts in the
event of a power failure or single failure of a load carrying
component.
T302.5.9 requires lift platforms to permit passengers who
use wheelchairs to board the platforms facing either toward or away
from the vehicle.
T302.5.10 requires lift platforms to be usable by
passengers who use mobility aids or have difficulty using steps.
T302.5.11 requires lift platform to have handrails on two
sides of the platform that move in tandem with the platform to provide
support for passengers in a standing position.
T303 Ramps and Bridgeplates
This section contains the technical requirements for ramps and
bridgeplates. The technical requirements for ramp slope in T303.8 are
discussed under Proposed Changes That Received Substantial Comment.
The following technical requirements in T303 are also modified:
T303.4 requires power operated ramps and bridgeplates to
be operated manually if the power fails.
T303.5 requires ramp and bridgeplate surfaces to comply
with the technical requirements in T802 for surfaces. T802.3 requires
that openings in surfaces not allow the passage of a sphere more than
16 mm (\5/8\ inch) in diameter, and that elongated openings be placed
so that the long dimension is perpendicular to the dominant direction
of travel. Cut-outs are permitted in ramps and bridgeplates that are
deployed manually for the operator to grasp the surface. The other
requirements in T802 for slip resistant surfaces and protrusions on
surfaces are the same as in the 1991 guidelines.
T303.7 clarifies that edge barriers are required where the
edges of ramps and bridgeplates are more than 75 mm (3 inches) above
the boarding or alighting area.
T303.9 requires transitions at the boarding edge of ramps
and bridgeplates to comply with T802.5. T802.5 limits surface
discontinuities to 6.4 mm (\1/4\ inch) high maximum without edge
treatment and 13 mm (\1/2\ inch) high maximum with beveled edge
treatment. The bevel must have a slope not steeper than 1:2 (50
percent) applied across the entire surface discontinuity.
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T303.10 revises the requirement for visual contrast on the
sides of ramp and bridgeplate surfaces. The perimeter of ramp and
bridgeplate surfaces must have a 25 mm (1 inch) minimum outline that
contrasts visually with the rest of the ramp and bridgeplate surface.
The revisions to the other technical requirements in T303 are
editorial only. Those technical requirements are the same as in the
1991 guidelines and are summarized below:
T303.1 permits ramps and bridgeplates to fold or telescope
if all the requirements in T303 are met.
T303.2 specifies the minimum design load for ramps and
bridgeplates. The drafts of the proposed rule considered increasing the
design load for ramps and bridgeplates to correspond with an increase
in the design load for lifts. As discussed under T302, the design load
for lifts is not changed and no corresponding change is made to the
design load for ramps and bridgeplates. The design load for ramps and
bridgeplates that are 760 mm (30 inches) or more in length is 273 kg
(600 pounds). The design load for ramps and bridgeplates that are less
than 760 mm (30 inches) in length is 136 kg (300 pounds).
T303.3 requires ramps and bridgeplates to be firmly
attached to the vehicle when in use.
T303.6 specifies the minimum clear width for ramps and
bridgeplates.
T303.11 specifies the gap permitted between the ramp or
bridgeplate surface and the vehicle floor when the ramp or bridgeplate
is deployed.
T303.12 requires portable ramps and bridgeplates to be
stowed safely when not in use and not to interfere with the maneuvering
of wheelchairs.
Chapter T4: Wheelchair Spaces and Securement Systems
The technical requirements for wheelchair spaces in T402, and
wheelchair securement systems in T403 are discussed under Proposed
Changes That Received Substantial Comment. The revisions to the
technical requirements for seat belts and shoulder belts in T404 are
editorial only.
Chapter T5: Circulation Paths and Doorways on Buses, Over-the-Road
Buses, and Vans
T501 General
This section states that the technical requirements for circulation
paths on buses, over-the-road buses, and vans in Chapter T3 apply where
required by the scoping requirements in Chapter T2.
T502 Circulation Paths
The technical requirements in T502 for circulation paths that
connect wheelchair spaces to doorways that provide accessible boarding
are discussed under Proposed Changes That Received Substantial Comment.
T503 Doorways
T503.1 specifies the minimum vertical clearance at doorways with
lifts or ramps. The revisions to this section are editorial only, and
the technical requirements are the same as in the 1991 guidelines: 1420
mm (56 inches) on vehicles 6.7 m (22 feet) or less in length; 1650 mm
(65 inches) on over-the-road buses; and 1725 mm (68 inches) on other
vehicles more than 6.7 m (22 feet) in length. A minimum clear opening
is not specified for doorways with lifts or ramps since a minimum clear
width of 760 mm (30 inches) is specified for lift platforms in T302.5.2
and for ramps in T303.6.
T503.2 adds new technical requirements for doorways with level
entry boarding.
T503.2.1 specifies the minimum clear opening at the doorways: 810
mm (32 inches).
T503.2.2 requires thresholds at the doorways to be marked by a
contrasting strip 25 mm (1 inch) wide minimum.
T503.3 specifies the minimum clear opening at doorways with steps
on over-the-road buses. The revisions to this section are editorial
only, and the technical requirements are the same as in the 1991
guidelines: 760 mm (30 inches) from the lowest step tread to a height
1220 mm (48 inches) above the lowest step tread. Where compliance is
not structurally feasible, the clear opening is permitted to be 685 mm
(27 inches). The clear opening is permitted to taper to 457 (18 inches)
from a height 1220 mm (48 inches) above the lowest step tread to the
top of the doorway. Hinges and other door mechanisms are permitted to
protrude 100 m (4 inches) maximum into the clear opening.
T504 Steps
T504.2 requires step tread surfaces to comply with the technical
requirements for surfaces in T802, which are further discussed under
that section. T504.3 clarifies the current requirement for contrasting
strips at step tread edges by specifying the minimum width of the
strips: 25 mm (1 inch).
T505 Handrails, Stanchions, and Handholds
The revisions to the technical requirements for handrails,
stanchions, and handholds in T505 are editorial only, and the
requirements are the same as in the 1991 guidelines. T505.2 specifies
that handrails and stanchions at doorways be configured so that
passengers with disabilities can grasp them from outside the vehicle
and use them throughout the boarding and alighting process. T505.3
specifies that handrails at fare collection devices be configured so
that passengers with disabilities can use them for support when using
the fare collection device. T505.4 specifies that handrails and
stanchions along circulation paths be configured so that passengers
with disabilities can use them when moving through the vehicle. T505.5
specifies that handholds and stanchions on the backs of forward and
rear facing seats be located directly adjacent to the aisle so that
passengers with disabilities can use them when moving from the aisles
to the seats.
Chapter T6: Circulation Paths and Doorways on Rail Vehicles [Reserved]
The technical requirements for circulation paths and doorways on
rail vehicles will be included in Chapter T6 when the guidelines for
rail vehicles are revised.
Chapter T7: Communication Features
T701 General
This section states that the technical requirements for
communication features in Chapter T7 apply where required by the
scoping requirements in Chapter T2.
T702 Signs
T702 revises the technical requirements for characters on signs to
be consistent with the accessibility guidelines for buildings and
facilities. The technical requirements address character proportions,
character height, stroke thickness, character spacing, line spacing,
and contrast.
T703 International Symbol of Accessibility
T703 adds new technical requirements for the International Symbol
of Accessibility, and specifies that the symbol have a background field
of at least 100 mm (4 inches) and a non-glare finish, and contrast with
its background.
T704 Automated Stop and Route Announcements
The technical requirements for automated stop and route
announcements in T704 are discussed under Proposed Changes That
Received Substantial Comment.
[[Page 43759]]
T705 Stop Request Systems
T705.1 clarifies the technical requirements for audible and visible
indicators for stop request systems. Audible stop indicators can be
verbal or non-verbal signals. Visible stop indicators can be a light or
sign. T705.2 clarifies the location of operable parts for stop request
systems at wheelchair spaces, and specifies that the operable parts be
located on a side wall or partition 610 mm (24 inches) minimum and 915
mm (36 inches) maximum from the back of the wheelchair space.
Chapter T8: Other Features
T801 General
This section states that the technical requirements for other
features in Chapter T8 apply where required by the scoping requirements
in Chapter T2 or where referenced in another technical requirement.
T802 Surfaces
T802 contains the technical requirements for surfaces. These
requirements are referenced in: T203.4.1 for all circulation paths;
T302.5.1 for lift platforms; T303.5 for ramps and bridgeplates; T402.2
for wheelchair spaces; and T504.2 for step treads.
T802.2 requires surfaces to be slip resistant. The 1991 guidelines
contain the same requirement.
T802.3 specifies that openings in surfaces not allow the passage of
a sphere more than 16 mm ([frac58] inch) in diameter, and that
elongated openings be placed so that the long dimension is
perpendicular to the direction of travel. Cut-outs are permitted in
lift platforms that are folded and stowed manually and in ramps and
bridgeplates that are deployed manually for the operator to grasp the
surface. The 1991 guidelines contain similar requirements for lift
platforms.
T802.4 permits protrusions on surfaces to be 6.4 mm ([frac14] inch)
high maximum. The 1991 guidelines contain the same requirement for lift
platforms and ramps.
T802.5 addresses differences in levels between two adjacent
surfaces, which are referred to as surface discontinuities. Surface
discontinuities can be up to 6.4 mm ([frac14] inch) high without
beveled edge treatment, and up to 13 mm ([frac12] inch) high with
beveled edge treatment. The 1991 guidelines contain the same
requirement for thresholds at lift platforms and ramps. T802.5 modifies
the requirement for beveled edge treat by specifying that the bevel
extend across the entire surface discontinuity.
T803 Doorway Lighting
T803 addresses doorway lighting and specifies illuminance levels at
lift platforms, ramps and bridgeplates, steps, and boarding and
alighting areas adjacent to doorways. The illuminance levels are the
same as specified in the 1991 guidelines except for lift platforms,
which is modified to be consistent with the illuminance levels in the
Federal Motor Vehicle Safety Standards for lifts on motor vehicles.
T804 Additional Requirements for Handrails, Stanchions, and Handholds
T804 contains additional technical requirements for handrails,
stanchions, and handholds. T804.2 simplifies the requirements for edges
by requiring them to be rounded. T804.3 modifies the requirements for
cross section to be consistent with the accessibility guidelines for
buildings and facilities. The revisions to the requirements in T804.4
on clearances and in T804.5 on structural strength of handrails on lift
platforms are editorial only, and those requirements are the same
requirement as in the 1991 guidelines.
T805 Operable Parts
T805 contains technical requirements for operable parts. These
requirements are referenced in: T706.2 for stop request systems and
T806 for fare collection devices.
T805.2 modifies the location height for operable parts: 610 mm (24
inches) minimum and 1220 mm (48 inches) maximum above the floor.
T805.3 requires operation without tight grasping, pinching, or
twisting of the wrist and a maximum activation force of 22.5 N (5
pounds). The 1991 guidelines contain the same requirements for stop
request systems.
T806 Fare Collection Devices
T806 requires fare collection devices to comply with the technical
requirements for operable parts in T805, and the operable parts on fare
collection devices to be located so that a wheelchair can approach
within 255 mm (10 inches) maximum.
Regulatory Process Matters
Executive Order 12866: Regulatory Planning and Review
This proposed rule is a significant regulatory action under
Executive Order 12866 and has been reviewed by the Office of Management
and Budget. The Access Board prepared a report to estimate the costs of
requiring public transit agencies that operate 100 or more buses in
annual maximum service in fixed route systems to provide automated stop
and route announcements on buses that are more than 6.7 m (22 feet) in
length and operate in fixed route systems. The report is available on
the Access Board's Web site at: http://www.access-board.gov/transit/.
The report is discussed under Proposed Changes That Received
Substantial Comment. Vehicle manufacturers and transit operators are
requested to provide information in Questions 1 through 21 on the
feasibility and costs of the other proposed changes. The Access Board
will consider this information along with other comments on the
proposed rule when preparing the final rule and will prepare additional
costs estimates based on the information provided, as appropriate.
Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis
The Access Board prepared the following initial regulatory
flexibility analysis to describe how the proposed rule affects small
entities.
Legal Basis, Objectives, and Reasons for Revising and Updating the
Guidelines
The Americans with Disabilities Act requires the Access Board to
issue guidelines for transportation vehicles that are readily
accessible to and usable by individuals with disabilities. The Access
Board initially issued accessibility guidelines for transportation
vehicles in 1991. The proposed rule revises and updates the
accessibility guidelines for buses, over-the-road buses, and vans. The
objectives for revising the guidelines are discussed in the preamble.
Proposed changes that received substantial comment when drafts of the
proposed rule were made available are discussed at the beginning of the
preamble, including the reasons for each of the proposed changes. The
other revisions to the guidelines are discussed after the proposed
changes that received substantial comment. Most of these revisions are
editorial only and restate current requirements in plain language that
is clear and easy to understand.
Small Entities Affected
Small public entities (i.e., State or local government units with a
population of less than 50,000) and small private entities (i.e., small
businesses that meet the size standards established by the Small
Business Administration) are affected by the Access Board's guidelines
to the extent that they are subject to the Americans with Disabilities
Act and the Department of Transportation regulations implementing the
[[Page 43760]]
Americans with Disabilities Act. The Department of Transportation
regulations apply to the following entities:
Public entities that provide designated public
transportation (i.e., general or special transportation service,
including charter service, provided to the general public on a regular
and continuing basis), excluding public school transportation. 49 CFR
37.21 (a) (1) and 37.27 (a).
Private entities that provide specified public
transportation (i.e., general or special transportation service,
including charter service, provided to the general public on a regular
and continuing basis). 49 CFR 37.21 (a) (2).
Private entities that are not primarily engaged in the
business of transporting people but operate a demand responsive or
fixed route system. 49 CFR 37.21 (a) (3).
Reporting and Recordkeeping Requirements, Other Compliance
Requirements, and Significant Alternatives
There are no reporting or recordkeeping requirements. Proposed
changes that received substantial comment when drafts of the proposed
rule were made available are discussed at the beginning of the
preamble. Questions 1 through 21 request comments on the proposed
changes, including information on the feasibility and costs on the
proposed changes. The following questions may be of interest to small
entities:
Questions 1 through 6 request information on the
feasibility and costs associated with the proposed 1:6 maximum slope
requirement for buses and vans equipped with ramps, as well as
alternatives.
Questions 7, 8, and 9 requests information on the
feasibility and costs associated with the proposed 34 inches minimum
clear width requirement for circulation paths connecting wheelchair
spaces to doorways that provide accessible boarding, and alternative
performance specifications and test methods.
Questions 11 and 12 request information on the feasibility
and costs associated with the proposed requirements for maneuvering
clearances at wheelchair spaces.
Questions 13 and 14 request information on costs
associated with proposed changes to the technical requirements for
wheelchair securement systems on large vehicles with a gross vehicle
weight rating 30,000 pounds or more.
Question 17 requests information from private entities who
contract with public transit agencies that operate 100 or more buses in
annual maximum service in fixed route systems and acquire buses to
operate in the fixed route systems under contract with the public
transit agencies regarding the proposed requirement for automated stop
and route announcements.
Comments are also requested on alternatives to any of the new or
modified requirements in the proposed rule. The Access Board will
consider the comments and information on the proposed changes when
preparing the final rule and final regulatory flexibility analysis, and
will prepare additional cost estimates, as appropriate.
Other Applicable Federal Rules
The Americans with Disabilities Act requires the Department of
Transportation to issue regulations to implement the transportation
provisions of the statute. The Department of Transportation regulations
include accessibility standards for transportation vehicles that are
consistent with the Access Board's transportation vehicle guidelines.
The Department of Transportation's regulations are legally enforceable.
The Department of Transportation will conduct a separate rulemaking to
amend its regulations so that the accessibility standards included in
the regulations are consistent with the revisions to Access Board's
transportation vehicle guidelines. When the Department of
Transportation amends its regulations, the Department of Transportation
will establish the effective date for the revised accessibility
standards.
Executive Order 13132: Federalism
The proposed rule adheres to the fundamental federalism principles
and policy making criteria in Executive Order 13132. The proposed rule
revises and updates guidelines issued under the Americans with
Disabilities Act, civil rights legislation that was enacted by Congress
pursuant to its authority to enforce the Fourteenth Amendment to the
U.S. Constitution and to regulate commerce. The Americans with
Disabilities Act was enacted ``to provide a clear and comprehensive
national mandate for the elimination of discrimination against
individuals with disabilities'' and ``to ensure that the Federal
government plays a central role in enforcing the standards established
in this chapter on behalf of individuals with disabilities. 42 U.S.C.
12101 (b) (1) and (3). The Americans with Disabilities Act recognizes
the authority of State and local governments to enact and enforce laws
that ``provide for greater or equal protection for the rights of
individuals with disabilities than are afforded by this chapter.'' 42
U.S.C. 12201 (b). The Access Board made drafts of the proposed rule
available for public review and comment. State and local governments,
including public transit agencies, provided comments on the proposed
changes. As discussed in the preamble, the comments were considered and
changes were made to the proposed rule based on the comments.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
enforce statutory rights that prohibit discrimination on the basis of
race, color, sex, national origin, age, handicap, or disability. Since
the proposed rule is issued under the Americans with Disabilities Act,
which prohibits discrimination on the basis of disability, an
assessment of the rule's effect on State, local, and tribal
governments, and the private sector is not required by the Unfunded
Mandates Reform Act.
List of Subjects in 36 CFR Part 1192
Civil rights, Individuals with disabilities, Transportation.
David M. Capozzi,
Executive Director.
For the reasons stated in the preamble, the Access Board proposes
to amend 36 CFR part 1192 as follows:
PART 1192--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR TRANSPORTATION VEHICLES
1. The authority citation for 36 CFR part 1192 continues to read as
follows:
Authority: 42 U.S.C. 12204.
2. Amend part 1192 by revising subpart B to read as follows:
Subpart B--Buses, Over-the-Road Buses, and Vans
Sec. 1192.21 Accessibility guidelines.
The accessibility guidelines for buses, over-the-road buses, and
vans are set forth in the Appendix to this part. The guidelines apply
to the acquisition of new, used, and remanufactured transportation
vehicles, and the remanufacture of existing transportation vehicles to
the extent required by regulations issued by the Department of
Transportation pursuant to the Americans with Disabilities Act at 49
CFR part 37.
[[Page 43761]]
Subpart G--[Removed]
3. Amend part 1192 by removing subpart G.
Subpart F--[Redesignated as Subpart G]
4. Amend part 1192 by redesignating subpart F as subpart G.
5. Revise the appendix to part 1192 to read as follows:
Appendix to Part 1192--Americans With Disabilities Act (ADA)
Accessibility Guidelines for Transportation Vehicles
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[FR Doc. 2010-18255 Filed 7-23-10; 8:45 am]
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