[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36231-36247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14811]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. ATBCB-2012-0004]
RIN 3014-AA39


Americans With Disabilities Act (ADA) and Architectural Barriers 
Act (ABA) Accessibility Guidelines; Emergency Transportable Housing 
Units

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) proposes to amend the Americans with Disabilities Act 
(ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to 
specifically address emergency transportable housing units that are 
provided by the Federal Emergency Management Agency or other entities 
on a temporary site in response to an emergency need for temporary 
housing. The proposed amendments seek to ensure that newly constructed 
and altered emergency transportable housing units covered by the ADA or 
ABA are readily accessible to and usable by individuals with 
disabilities. Other federal agencies are required to issue enforceable 
accessibility standards for the construction and alteration of 
facilities covered by the ADA or ABA that are consistent with the ADA 
and ABA Accessibility Guidelines. When the other federal agencies amend 
their accessibility standards to be consistent with the proposed 
amendments to the ADA and ABA Accessibility Guidelines, newly 
constructed and altered emergency transportable housing units covered 
by the ADA or ABA would be required to comply with the accessibility 
standards as amended.

DATES: Submit comments by August 17, 2012. A hearing will be held on 
the proposed amendments on July 11, 2012, 9:30 to 11:30 a.m. To pre-
register to testify please contact Kathy Johnson at (202) 272-00041 
(voice), (202) 272-0065 (TTY), or board.gov">johnson@access-board.gov. Witnesses 
can testify in person or by telephone. More information and any updates 
to the hearings will be posted on the Access Board's Web site at http://www.access-board.gov/eth/.

ADDRESSES: Submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Regulations.gov ID for 
this docket is ATBCB-2012-0004.
     Email: board.gov">docket@access-board.gov. Include docket number 
ATBCB-2012-0004 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, including any personal information provided, will be 
posted without change to http://www.regulations.gov and are available 
for public viewing.
    The hearing location is Access Board Conference Room, 1331 F Street 
NW., Suite 800, Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Marsha Mazz, Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-
1111. Telephone numbers: (202) 272-0020 (voice); (202) 272-0076 (TTY). 
Email address: board.gov">mazz@access-board.gov. These are not toll free numbers.

SUPPLEMENTARY INFORMATION: 

Table of Contents

1. Public Participation and Request for Comments
2. Executive Summary
3. Statutory and Regulatory Background
4. Advisory Committee
5. Issues Discussed by the Advisory Committee That Are Not Addressed 
in the Proposed Rule
6. Discussion of Proposed Amendments
7. Regulatory Analyses

1. Public Participation and Request for Comments

    The Access Board encourages all persons interested in the 
rulemaking to submit comments on the proposed amendments and the 
questions in the preamble. Instructions for submitting and viewing 
comments are provided above under ADDRESSES. The Access Board will 
consider all the comments and may change the proposed amendments based 
on the comments.

2. Executive Summary

ADA and ABA Accessibility Guidelines

    Section 502 of the Rehabilitation Act requires the Access Board to 
develop and maintain accessibility guidelines to ensure that the 
construction and alteration of facilities covered by the Americans with 
Disabilities Act (ADA) or the Architectural Barriers Act (ABA) are 
readily accessible to and usable by individuals with disabilities. See 
29 U.S.C. 792(b)(3). The Access Board's current accessibility 
guidelines for facilities were issued in 2004 and are known as the ADA 
and ABA Accessibility Guidelines. Other federal agencies are required 
to issue enforceable accessibility standards for the construction and 
alteration of facilities covered by the ADA or ABA that are consistent 
with the ADA and ABA Accessibility Guidelines. Newly constructed and 
altered facilities covered by the ADA or ABA are required to comply 
with the accessibility standards issued by the other agencies.
    The ADA and ABA Accessibility Guidelines contain scoping and 
technical provisions for residential dwelling units. The scoping 
provisions specify the minimum number of units required to provide 
mobility features for individuals with mobility disabilities and the 
minimum number of units required to provide communication features for 
individuals who are deaf or have a hearing loss, as well as the 
accessible features to be provided within each type of unit. The 
technical provisions specify the design criteria for accessible 
features within the units.

Purpose of Proposed Rule

    Emergency transportable housing units provided by the Federal 
Emergency Management Agency (FEMA) in the aftermath of Hurricanes 
Katrina and Rita raised issues regarding the application of the scoping 
and technical provisions for residential dwelling units to emergency 
transportable housing units. Emergency transportable housing units are 
used to provide temporary housing and are not intended to be used as 
permanent dwellings. They are prefabricated so they can be deployed 
rapidly in response to an emergency and are installed on temporary 
sites with minimal site preparation. They are

[[Page 36232]]

transported on a single transport vehicle over roadways, which results 
in size and space limitations. Emergency transportable housing units 
provided in the aftermath of Hurricanes Katrina and Rita typically were 
about 400 square feet.
    The proposed rule would amend the ADA and ABA Accessibility 
Guidelines to treat emergency transportable housing units as a subclass 
of residential dwelling units and would add new scoping and technical 
provisions for such units. The proposed rule also would amend existing 
scoping provisions for operable parts and platform lifts, and existing 
technical provisions for ramps, kitchens, and bathrooms to specifically 
address emergency transportable housing units.

Summary of Major Proposed Provisions

    The major proposed provisions for emergency transportable housing 
units required to provide mobility features and emergency transportable 
housing units required to provide communication features are summarized 
separately in the tables below.

                   Emergency Transportable Housing Units Required To Provide Mobility Features
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        Major proposed provisions                       Summary                    Justification--benefits
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Scoping 233.3.1.2, F233.3.1.2, F233.4.1.2  Existing scoping provisions       When individuals and households
                                            applicable to facilities with     apply for temporary housing
                                            residential dwelling units        assistance from FEMA, their needs
                                            provided by entities not          are assessed and they are assigned
                                            subject to regulations issued     emergency transportable housing
                                            by HUD under Section 504 of the   units based on their assessed
                                            Rehabilitation Act currently      needs. The proposed new scoping
                                            require at least 5 percent of     provisions would allow for
                                            the units to provide mobility     flexibility to provide emergency
                                            features. These scoping           transportable housing units with
                                            provisions currently apply to     mobility features based on
                                            emergency transportable housing   assessed needs.
                                            units. The proposed new scoping
                                            provisions would require
                                            emergency transportable housing
                                            units with mobility features to
                                            be provided in accordance with
                                            regulations implementing
                                            Section 504 of the
                                            Rehabilitation Act, the Robert
                                            T. Stafford Disaster Relief and
                                            Emergency Assistance Act, and
                                            the ADA. These regulations
                                            prohibit discrimination on the
                                            basis of disability. Compliance
                                            with these regulations would
                                            ensure that individuals with
                                            mobility disabilities who need
                                            units with mobility features
                                            are provided such units.
Ramps: Exception 2 to 405.2, Exception to  The proposed new exceptions to    The floor level of emergency
 405.6.                                     the technical provisions for      transportable housing units is
                                            ramps would permit a steeper      elevated above the ground. Ramps
                                            and longer entry ramp for         are installed at the entrances to
                                            single unit installations of      units with mobility features. If
                                            emergency transportable housing   sufficient space is not available
                                            units at private home sites       on a private home site to install
                                            where existing physical or site   an entry ramp that complies with
                                            constraints would prohibit the    the technical provisions for
                                            installation of an entry ramp     ramps, a unit with mobility
                                            that complies with the            features may not be provided at
                                            technical provisions for ramps.   the site. The proposed new
                                                                              exceptions would allow a steeper
                                                                              and longer entry ramp in such
                                                                              situations so individuals with
                                                                              mobility disabilities can have
                                                                              units with mobility features
                                                                              provided at their private home
                                                                              sites while their homes are
                                                                              rebuilt and avoid relocation to a
                                                                              group site.
Kitchen Work Surface Exception to 804.3..  The proposed new exception would  Kitchens in emergency transportable
                                            permit a kitchen table            housing units have limited storage
                                            complying with the technical      space. A kitchen work surface
                                            provisions for tables, all        complying with the technical
                                            kitchen counter tops at 34        provisions for kitchen work
                                            inches high maximum, and an       surfaces would reduce the storage
                                            electrical outlet within reach    space. The proposed new exception
                                            of the table to be provided       would provide accessible kitchen
                                            instead of a kitchen work         work surfaces for individuals with
                                            surface complying with the        mobility disabilities without
                                            technical provisions for          reducing the storage space.
                                            kitchen work surfaces.
Kitchen Counter Top Electrical Outlets:    Existing exceptions currently     Kitchens in emergency transportable
 Exception 3 to 205.1, Exception 3 to       permit one of the electrical      housing units have fewer
 F205.1.                                    outlets provided above a length   electrical outlets than kitchens
                                            of kitchen counter top that is    in other types of residential
                                            uninterrupted by a sink or        dwelling units. The proposed
                                            appliance to not comply with      amendments to the existing
                                            the technical provisions for      exceptions would make all the
                                            operable parts. The proposed      electrical outlets accessible to
                                            rule would amend these            and usable by individuals with
                                            exceptions so they would not      mobility disabilities.
                                            apply to emergency
                                            transportable housing units
                                            required to provide mobility
                                            features. This may result in
                                            electrical outlets installed in
                                            the face of kitchen base
                                            cabinets.
Water Shut-Off Valve: Exception 11 to      The proposed new exceptions       Space constraints in emergency
 205.1 Exception 11 to F205.1.              would permit a single water       transportable housing units can
                                            shut-off valve complying with     limit access to water shut-off
                                            the technical provisions for      valves in kitchens and bathrooms.
                                            clear floor space and reach       The proposed new exceptions would
                                            ranges to be provided in          provide access to a single water
                                            emergency transportable housing   shut-off valve for individuals
                                            units required to provide         with mobility disabilities.
                                            mobility features.
Kitchen Sink Water Spray Unit: 606.4.....  The proposed new provision would  The proposed new provision would
                                            require a water spray unit to     facilitate dish washing by
                                            be provided at the kitchen sink   individuals with limited reach and
                                            in emergency transportable        dexterity.
                                            housing units required to
                                            provide mobility features.
Folding Seat in Roll-In Shower: 608.4....  The proposed new provision would  The proposed new provision would
                                            require a folding seat to be      enable individuals with mobility
                                            provided in a roll-in shower in   disabilities to use roll-in
                                            emergency transportable housing   showers if shower chairs are
                                            units required to provide         unavailable in the aftermath of a
                                            mobility features.                disaster.

[[Page 36233]]

 
Bedrooms: 809.2.4.1, 809.2.4.2...........  The proposed new provisions       The proposed new provisions would
                                            would:                            make the bedrooms accessible to
                                            Require clear floor       and usable by individuals with
                                            space positioned for a parallel   mobility disabilities.
                                            approach to be located on one
                                            side of a bed and to be on an
                                            accessible route; and.
                                               Prohibit accessible
                                               routes, maneuvering
                                               clearances, and turning
                                               spaces in bedrooms less than
                                               70 square feet from
                                               overlapping space occupied
                                               by furniture supplied with
                                               the unit in emergency
                                               transportable housing units
                                               required to provide mobility
                                               features.
Bedroom Lighting Control: 809.2.4.3......  The proposed new provision would  Bedrooms in emergency transportable
                                            require a means to control at     housing units typically provide
                                            least one source of lighting in   overhead lighting controlled by a
                                            the bedroom from the bed in       wall switch near the bedroom door.
                                            emergency transportable housing   The proposed new provision would
                                            units required to provide         result in providing a bedside
                                            mobility features.                lamp, an additional wall switch
                                                                              near the bed, or remote control
                                                                              device that can be operated from
                                                                              the bed so individuals with
                                                                              mobility disabilities can transfer
                                                                              in and out of bed safely.
Weather Alert Systems: 809.2.5...........  The proposed new provision would  The proposed new provision would
                                            require weather alert systems     make the weather alert systems
                                            provided in emergency             accessible to and usable by
                                            transportable housing units       individuals with mobility
                                            required to provide mobility      disabilities.
                                            features to comply with the
                                            technical provisions for clear
                                            floor space and reach ranges.
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                Emergency Transportable Housing Units Required To Provide Communication Features
----------------------------------------------------------------------------------------------------------------
             Major provisions                           Summary                    Justification--benefits
----------------------------------------------------------------------------------------------------------------
Scoping: 233.3.2.2, F233.3.2.2,            Existing scoping provisions       When individuals and households
 F233.4.2.2.                                applicable to facilities with     apply for temporary housing
                                            residential dwelling units        assistance from FEMA, their needs
                                            provided by entities not          are assessed and they are assigned
                                            subject to regulations issued     emergency transportable housing
                                            by HUD under Section 504 of the   units based on their assessed
                                            Rehabilitation Act currently      needs. The proposed new scoping
                                            require at least 2 percent of     provisions would allow for
                                            the units to provide              flexibility to provide emergency
                                            communication features. These     transportable housing units with
                                            scoping provisions currently      communication features based on
                                            apply to emergency                assessed needs.
                                            transportable housing units.
                                            The proposed new scoping
                                            provisions would require
                                            emergency transportable housing
                                            units with communication
                                            features to be provided in
                                            accordance with regulations
                                            implementing Section 504 of the
                                            Rehabilitation Act, the Robert
                                            T. Stafford Disaster Relief and
                                            Emergency Assistance Act, and
                                            the ADA. These regulations
                                            prohibit discrimination on the
                                            basis of disability. Compliance
                                            with these regulations would
                                            ensure that individuals who are
                                            deaf or have a hearing loss and
                                            need units with communication
                                            features are provided such
                                            units.
Residential Dwelling Unit Smoke Alarms:    The proposed new provision would  The proposed new provision is
 809.3.1.2.                                 require residential dwelling      consistent with the National Fire
                                            unit smoke alarms with built-in   Protection Association (NFPA) 72
                                            visible alarms to provide         National Fire Alarm Code. It would
                                            either a commercial light and     ensure that residential dwelling
                                            power source along with a         unit smoke alarms with built-in
                                            secondary power source, or a      visible alarms have a secondary
                                            non-commercial alternating        power source in the event the
                                            current power source along with   primary power source fails so that
                                            a secondary power source.         individuals who are deaf or have a
                                                                              hearing loss are alerted when the
                                                                              alarms are activated.
Weather Alert Systems: 809.3.4...........  The proposed new provision would  The proposed new provision would
                                            require weather alert systems     make the weather alert systems
                                            provided in emergency             accessible to and usable by
                                            transportable housing units       individuals who are deaf or have a
                                            required to provide               hearing loss.
                                            communication features to
                                            provide both audible and
                                            visible output.
----------------------------------------------------------------------------------------------------------------

Entities Affected by Proposed Rule

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
authorizes FEMA to provide temporary housing assistance to individuals 
and households in response to a major disaster or emergency declared by 
the President. See 42 U.S.C. 5174 and 5192. FEMA provides emergency 
transportable housing units where there is a need for temporary housing 
and a lack of available housing resources in the affected area. A 
review of the Web sites of state agencies and nongovernmental 
organizations that provide services in response to disasters did not 
show that these entities currently provide emergency transportable 
housing units.
    Question 1. Do state, local, or tribal governments or 
nongovernmental organizations provide emergency transportable housing 
units in response to disasters?
    Emergency transportable housing units provided by FEMA are covered 
by

[[Page 36234]]

the ABA and are required to comply with the accessibility standards for 
residential facilities issued by the Department of Housing and Urban 
Development (HUD). See 42 U.S.C. 4151 and 4153. HUD's current 
accessibility standards for residential facilities are the Uniform 
Federal Accessibility Standards (UFAS). When HUD updates its 
accessibility standards for residential facilities to be consistent 
with the ADA and ABA Accessibility Guidelines, newly constructed and 
altered emergency transportable housing provided by FEMA would be 
required to comply with HUD's updated accessibility standards.
    The Access Board has prepared a preliminary regulatory assessment 
for the proposed rule. The regulatory assessment is available on the 
Access Board's Web site at: http://www.access-board.gov/eth/index.htm. 
The regulatory assessment estimates the additional costs that would be 
incurred by FEMA assuming HUD updates its accessibility standards for 
residential facilities to be consistent with the ADA and ABA 
Accessibility Guidelines, as amended by the proposed rule. The 
additional costs that would be incurred by FEMA are discussed in the 
Regulatory Analyses section of the preamble. Based on the regulatory 
assessment, the Access Board has determined that the proposed rule is 
not an economically significant regulatory action.

3. Statutory and Regulatory Background

    Section 502 of the Rehabilitation Act requires the Access Board to 
develop and maintain accessibility guidelines to ensure that the 
construction and alteration of facilities covered by the Americans with 
Disabilities Act (ADA) or the Architectural Barriers Act (ABA) are 
readily accessible to and usable by individuals with disabilities. See 
29 U.S.C. 792(b)(3). The Access Board's current accessibility 
guidelines for facilities were issued in 2004 and are known as the ADA 
and ABA Accessibility Guidelines. See 36 CFR part 1191.
    Title II of the ADA covers state and local government facilities, 
and Title III of the ADA covers public accommodations and commercial 
facilities. See 42 U.S.C. 12101 et seq. The Department of Justice (DOJ) 
and Department of Transportation (DOT) are required to issue 
enforceable accessibility standards for the construction and alteration 
of facilities covered by Titles II and III of the ADA that are 
consistent with the ADA and ABA Accessibility Guidelines.\1\ DOJ and 
DOT have adopted the ADA and ABA Accessibility Guidelines, with 
additions and modifications, as the accessibility standards for 
facilities covered by Titles II and III of the ADA.\2\
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    \1\ DOT is responsible for issuing accessibility standards for 
facilities used to provide designated and specified transportation 
services, and DOJ is responsible for issuing accessibility standards 
for the other facilities covered by the ADA. See 42 U.S.C. 12134, 
12149, 12164, and 12186.
    \2\ See 28 CFR 35.104 and 35.151 for DOJ's accessibility 
standards for facilities covered by Title II of the ADA; 28 CFR 
36.104 and 36.406 for the DOJ's accessibility standards for 
facilities covered by Title III of the ADA; and 49 CFR 37.9 and 
Appendix A to 49 CFR part 37 for DOT's accessibility standards for 
transportation facilities covered by Titles II and III of the ADA.
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    The ABA covers facilities designed, constructed, or altered with 
federal funds, and facilities leased by federal agencies. See 42 U.S.C. 
4151 et seq. The Department of Housing and Urban Development (HUD), 
Department of Defense (DOD), United States Postal Service (USPS), and 
General Services Administration (GSA) are responsible for issuing 
enforceable accessibility standards for the construction, alteration, 
and leasing of facilities covered by the ABA that are consistent with 
the ADA and ABA Accessibility Guidelines.\3\ DOD, USPS, and GSA have 
adopted the ADA and ABA Accessibility Guidelines as the accessibility 
standards for facilities covered by the ABA.\4\ HUD's current 
accessibility standards for residential facilities covered by the ABA 
are the Uniform Federal Accessibility Standards (UFAS).\5\ HUD plans to 
update its accessibility standards for residential facilities covered 
by the ABA to be consistent with the ADA and ABA Accessibility 
Guidelines.
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    \3\ HUD is responsible for issuing accessibility standards for 
residential facilities covered by the ABA; DOD is responsible for 
issuing accessibility standards for military facilities covered by 
the ABA; USPS is responsible for issuing accessibility standards for 
postal facilities covered by the ABA; and GSA is responsible for 
issuing accessibility standards for the other facilities covered by 
the ABA.
    \4\ See DOD Memorandum on Access for People with Disabilities 
(October 31, 2008) available at: http://www.access-board.gov/ada-aba/dod-memorandum.htm for DOD's accessibility standards; 39 CFR 
254.1 and 254.2 for USPS' accessibility standards; and 41 CFR 102-
76.60 through 102-76.85 for GSA's accessibility standards.
    \5\ See 24 CFR 40.4 for HUD's accessibility standards.
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    The federal agencies that issue accessibility standards for 
facilities covered by the ADA or ABA are represented on the Access 
Board. They were involved in the development of the proposed rule to 
minimize any differences between the proposed rule and eventual updates 
to their accessibility standards. FEMA also was involved in the 
development of the proposed rule.

4. Advisory Committee

    In August 2007, the Access Board established an advisory committee 
comprised of disability rights advocates, manufacturers of emergency 
transportable housing units, and federal agencies (DOJ, HUD, and FEMA) 
to make recommendations for amending the ADA and ABA Accessibility 
Guidelines to address issues regarding the accessibility of emergency 
transportable housing units that were raised in the aftermath of 
Hurricanes Katrina and Rita. The committee submitted its report to the 
Access Board in November 2008. The proposed rule is based on the 
committee's report. The committee's report is available on the Access 
Board's Web site at: http://www.access-board.gov/eth/index.htm.

5. Issues Discussed by the Advisory Committee That Are Not Addressed in 
the Proposed Rule

    The issues noted below were discussed by the advisory committee but 
are not addressed in the proposed rule.

Indoor Environmental Quality

    The advisory committee included members representing individuals 
with disabilities who have multiple chemical sensitivities. The 
committee discussed issues related to the indoor environmental quality 
of emergency transportable housing units, particularly the formaldehyde 
levels in the units, but did not reach a consensus on the issues.
    Formaldehyde is present in many products used in homes. Pressed 
wood products containing formaldehyde-based resins used in construction 
and furnishings are the primary contributors of household airborne 
formaldehyde. Prolonged exposure to elevated levels of formaldehyde can 
cause health risks.\6\ At FEMA's request, the Centers for Disease 
Control and Prevention tested a random sample of travel trailers, park 
models, and manufactured homes in Louisiana and Mississippi in December 
2007 and January 2008. The average level of formaldehyde in all the 
units was about 77 parts per billion (ppb) and ranged from 3 ppb to 590 
ppb in individual units.\7\
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    \6\ The Environmental Protection Agency released a draft report 
on June 2, 2010 that provides scientific support and rationale for 
the hazard and dose-response assessment pertaining to chronic 
inhalation exposure to formaldehyde. The draft report is available 
at: http://cfpub.epa.gov/ncea/iris_drafts/recordisplay.cfm?deid=223614.
    \7\ Results of Indoor Air Quality Testing of Trailers and Mobile 
Homes for Formaldehyde in Mississippi and Louisiana, FEMA (June 
2009) available at: http://www.fema.gov/media/archives/2008/021408.shtm.

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[[Page 36235]]

    FEMA has discontinued the use of travel trailers and is phasing out 
the use of park models. FEMA currently purchases only manufactured 
homes that meet HUD's Manufactured Home Construction and Safety 
Standards, which include formaldehyde emission levels for plywood and 
particleboard materials installed in such homes. See 24 CFR 3280.308. 
The Formaldehyde Standards for Composite Wood Products Act, which was 
enacted into law on July 7, 2010, establishes limits for formaldehyde 
emissions from composite wood products, including hardwood plywood, 
medium-density fiberboard, and particleboard. See 15 U.S.C. 2697. The 
composite wood products formaldehyde standards in the law mirror the 
standards previously established by the California Air Resources Board 
for products sold, offered for sale, supplied, used, or manufactured 
for sale in California.\8\ These developments should result in the 
reduction of formaldehyde levels in emergency transportable housing 
units, as well as other facilities.
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    \8\ California Environmental Protection Agency Air Resources 
Board, Airborne Toxic Control Measures to Reduce Formaldehyde 
Emissions from Composite Wood Products, Final Regulation Order 
(April 18, 2008) available at: http://www.arb.ca.gov/regact/2007/compwood07/compwood07.htm.
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Slide-Outs

    Some emergency transportable housing units provide additional space 
within the unit by extending a floor and wall section to one side when 
the unit is installed on a site. This feature is known as a ``slide-
out.'' The advisory committee was concerned that if slide-outs are 
provided in emergency transportable housing units required to provide 
mobility features, they may not meet the existing technical provisions 
for floor surfaces and changes in level in 302 and 303 of the ADA and 
ABA Accessibility Guidelines. These provisions currently require floor 
surfaces to be stable, firm, and slip resistant, and changes in level 
to be not greater than \1/4\ inch vertical and \1/2\ inch beveled on 
accessible routes and in accessible spaces. The slide-out joint cover 
and the joint between the unit floor and the slide-out floor would need 
to be almost flush to meet these provisions. With careful design and 
installation, slide-outs can meet these provisions.
    Some slide-outs need to be cycled periodically for preventative 
maintenance. This maintenance operation could be difficult for 
occupants with disabilities to perform. Committee members representing 
manufacturers noted that electric and hydraulic slide-outs do not need 
to be cycled. The committee recommended that slide outs should be 
allowed in emergency transportable housing units required to provide 
mobility features only where the manufacturer's warranty indicates that 
the slide-out does not need to be cycled after set-up and the floor 
surfaces and changes in level between floors meet the technical 
provisions for floor surfaces and changes in level in 302 and 303 of 
the ADA and ABA Accessibility Guidelines.
    Slide-outs are a useful design option given the space constraints 
within emergency transportable housing units. Although some slide-outs 
need to be cycled periodically for preventative maintenance, the 
housing provider can perform this maintenance operation. The technical 
provisions for floor surfaces and changes in level in 302 and 303 of 
the ADA and ABA Accessibility Guidelines apply to every type of 
facility. It is not necessary to amend these provisions to specifically 
apply to emergency transportable housing units required to provide 
mobility features.

6. Discussion of Proposed Amendments

    The proposed rule would amend the ADA and ABA Accessibility 
Guidelines to treat emergency transportable housing units as a subclass 
of residential dwelling units and would add new scoping and technical 
provisions for such units. The proposed rule also would amend existing 
scoping provisions for operable parts and platform lifts, and existing 
technical provisions for ramps, kitchens, and bathrooms to specifically 
address emergency transportable housing units.
    The ADA and ABA Accessibility Guidelines consist of 10 chapters 
that are codified as appendices to 36 CFR part 1191. The proposed 
amendments to the ADA and ABA Accessibility Guidelines are discussed 
below under the relevant chapters of the guidelines.

ADA Chapters 1 and 2 (Appendix B to 36 CFR Part 1191)

ABA Chapters 1 and 2 (Appendix C to 36 CFR Part 1191)

    ADA Chapters 1 and 2 contain application and scoping provisions for 
facilities covered by the ADA, and are codified in Appendix B to 36 CFR 
part 1191. ABA Chapters 1 and 2 contain application and scoping 
provisions for facilities covered by the ABA, and are codified in 
Appendix C to 36 CFR part 1191. The application and scoping provisions 
in ABA Chapters 1 and 2 are preceded by the letter ``F'' to distinguish 
them from the application and scoping provisions in ADA Chapters 1 and 
2. Because the same changes are proposed to the application and scoping 
provisions in ADA Chapters 1 and 2 and ABA Chapters 1 and 2, 
corresponding provisions in these chapters are discussed together.

106.5 and F106.5 Defined Terms

    The proposed rule would add a new definition for the term 
``emergency transportable housing unit'' in 106.5 and F106.5 to read as 
follows:
    Emergency Transportable Housing Unit. A single or multiple section 
prefabricated structure that is transportable on a single transport 
vehicle and that can be set-up and installed on a temporary site in 
response to an emergency need for temporary housing. Such structures 
include, but are not limited to, travel trailers, park models, 
manufactured housing, and other factory-built housing. For the purposes 
of this document, emergency transportable housing units are considered 
a type of residential dwelling unit.
    The proposed definition would consider emergency transportable 
housing units as a type of residential dwelling unit for purposes of 
the ADA and ABA Accessibility Guidelines. Some structures that would be 
included in the proposed definition such as travel trailers may not be 
considered residential dwelling units for other purposes. Advisory 
committee members representing manufacturers of recreational vehicles 
such as travel trailers did not want the definition to imply a 
permanent dwelling because of regulatory limitations on the use of the 
units. Recreational vehicles built on a single chassis and not larger 
than 400 square feet when measured at the largest horizontal 
projections are not subject to HUD's Manufactured Home Construction and 
Safety Standards if they are designed primarily for use as temporary 
living quarters for recreational, camping, travel, or seasonal use and 
not for use as a permanent dwelling. See 24 CFR 3282.8. As described in 
the proposed definition, emergency transportable housing units are used 
to provide temporary housing and are not intended to be used as 
permanent dwellings. The units typically are installed on private home 
sites while residents repair permanent dwellings that were rendered 
uninhabitable by a disaster. State or local governments may limit the 
amount of time that the units can remain on a site. The proposed 
definition would not include larger manufactured or modular

[[Page 36236]]

homes that are transportable on multiple transport vehicles and then 
attached to one another in sections on a site.

205 and F205 Operable Parts

    These sections currently require operable parts located on 
accessible elements and accessible routes and in accessible rooms and 
spaces to comply with the technical provisions for operable parts in 
309, including clear floor space, reach ranges, and operation. As 
discussed below, the proposed rule would revise existing Exception 3 
and would add new Exceptions 9, 10, and 11 to 205.1 and F205.1.

Exception 3--Kitchen Countertop Electrical Outlets

    The proposed rule would amend existing Exception 3 to 205.1 and 
F205.1 to read as follows:
    Exception 3. Except within emergency transportable housing units 
required to provide mobility features complying with 809.2, where two 
or more outlets are provided in a kitchen above a length of counter top 
that is uninterrupted by a sink or appliance, one outlet shall not be 
required to comply with 309.
    The National Electrical Code[supreg] (NEC) requires electrical 
outlets in kitchens to be installed every 4 feet and within 24 inches 
of a corner. This can result in at least one electrical outlet 
installed in a location above a kitchen counter top that cannot meet 
the technical provisions for obstructed reach ranges. To address this 
situation, where two or more electrical outlets are provided above a 
length of kitchen counter top that is uninterrupted by a sink or 
appliance, existing Exception 3 to 205.1 and F205.1 currently permits 
one of the outlets to not comply with the technical provisions for 
operable parts in 309.
    The advisory committee recommended that all the electrical outlets 
provided at kitchen counter tops in emergency transportable housing 
units required to provide mobility features should comply with the 
technical provisions for operable parts in 309 since kitchens in such 
units typically have fewer electrical outlets than kitchens in other 
types of residential dwelling units. The NEC permits electrical outlets 
in accessible kitchens to be installed in the face of base cabinets 
provided the outlets are located not more than 12 inches below a 
counter top that extends not more than 6 inches beyond its base. Face-
mounted electrical outlets enable an occupant with a disability to plug 
small appliances into the outlet without reaching across the counter 
top. The proposed rule would amend existing Exception 3 so that it 
would not apply to emergency transportable housing units required to 
provide mobility features since face-mounted electrical outlets can be 
provided.
    Although face-mounted electrical outlets are more accessible to 
individuals with disabilities who have limited reach, the outlets and 
electrical cords attached to appliances are also within reach of small 
children and can pose a safety hazard. For this reason, face-mounted 
electrical outlets typically are not provided. The Access Board may 
reconsider the proposed amendments to existing Exception 3 to 205.1 and 
F205.1.
    Question 2. Should the proposed amendments to existing Exception 3 
to 205.1 and F205.1 be reconsidered?

Exception 9--Operable Parts in Residential Dwelling Units and Guest 
Rooms Not Required To Provide Mobility Features

    The proposed rule would add a new Exception 9 to 205.1 and F205.1 
to read as follows:
    Exception 9. Operable parts located within residential dwelling 
units not required to provide mobility features complying with 809.2 
and transient lodging guest rooms not required to provide mobility 
features complying with 806.2 shall not be required to comply with 309.
    The proposed new exception would clarify that the technical 
provisions for operable parts in 309 do not apply to residential 
dwelling units and transient lodging guest rooms that are not required 
to provide mobility features. Thus, residential dwelling units and 
transient lodging guest rooms required to provide communications 
features would not be required to comply with the technical provisions 
for operable parts in 309.

Exception 10--Controls Beneath the Body of an Emergency Transportable 
Housing Unit

    The proposed rule would add a new Exception 10 to 205.1 and F205.1 
to read as follows:
    Exception 10. In emergency transportable housing units required to 
provide mobility features complying with 809.2, controls located 
beneath the unit body shall not be required to comply with 309.
    The proposed new exception would exempt controls located beneath 
the body of emergency transportable housing units required to provide 
mobility features from the technical provisions for operable parts in 
309. These controls are typically for maintenance purposes and would be 
operated by personnel servicing the unit.

Exception 11--Water Shut-Off Valves

    The proposed rule would add a new Exception 11 to 205.1 and F205.1 
to read as follows:
    Exception 11. In emergency transportable housing units required to 
provide mobility features complying with 809.2, water shut-off valves 
shall not be required to comply with 309 where a single shut-off valve 
complying with 309.2 and 309.3 is provided for the entire unit.
    Space constraints in emergency transportable housing units can 
limit access to water shut-off valves in kitchens and bathrooms. The 
proposed new exception would permit a single shut-off valve that 
complies with the technical provisions for clear floor space in 309.2 
and reach ranges in 309.3 to be provided in emergency transportable 
housing units required to provide mobility features.
    Question 3. Can water shut-off valves comply with the technical 
provisions in 309.4 for operating forces not exceeding five pounds and 
one handed operation without tight grasping, pinching, or twisting of 
the wrist? If water shut-off valves cannot comply with the technical 
provisions in 309.4, should they be exempted from complying with the 
technical provisions for clear floor space in 309.2 and reach ranges in 
309.3? Are there other controls typically provided within emergency 
transportable housing units that cannot comply with any of the 
technical provisions for operable parts in 309?

206.7 and F206.7 Platform Lifts

    These sections currently permit platform lifts to be used as a 
component of an accessible route in new construction in certain 
situations.
    The proposed rule would amend these sections to read as follows:
    206.7 Platform Lifts. Platform lifts shall comply with 410. 
Platform lifts shall be permitted as a component of an accessible route 
in new construction in accordance with 206.7. Platform lifts shall be 
permitted as a component of an accessible route in an existing building 
or facility. In emergency transportable housing units, platform lifts 
shall not be used at the primary entrance to a unit required to provide 
mobility features complying with 809.2.
    F206.7 Platform Lifts. Platform lifts shall comply with 410. 
Platform lifts shall be permitted as a component of an accessible route 
in new construction in accordance with F206.7. Platform lifts shall be 
permitted as a component of an accessible route in an existing building

[[Page 36237]]

or facility. In emergency transportable housing units, platform lifts 
shall not be used at the primary entrance to a unit required to provide 
mobility features complying with 809.2.
    Emergency transportable housing units typically are installed on 
constrained sites, such as in driveways on private home sites while 
residents rebuild permanent dwellings that were rendered uninhabitable 
by a disaster. The floor level of the units is elevated above the 
ground and the units typically have one entrance that also serves as 
the only accessible means of escape from the unit in an emergency. 
Although safety standards typically require factory-built housing to 
provide a secondary means of escape, the secondary means of escape 
usually is not accessible to occupants with mobility disabilities.
    The advisory committee recommended that platform lifts should not 
be used at the primary entrance to emergency transportable housing 
units required to provide mobility features because the time needed to 
operate a platform lift could cause an unnecessary delay for occupants 
needing to evacuate the unit quickly. The proposed rule would amend 
206.7 and F206.7 to not permit the use of platform lifts at the primary 
entrance to emergency transportable housing units required to provide 
mobility features.

233 and F233 Residential Facilities

    The proposed rule would add new scoping provisions to these 
sections for emergency transportable housing units required to provide 
mobility features and emergency transportable housing units required to 
provide communication features. The proposed rule also would add a new 
exception to the dispersion provision. When the final rule is 
published, the provisions in 233 and F233 would be renumbered to 
accommodate the new scoping provisions for emergency transportable 
housing units and the renumbered provisions would be referenced in 
other sections, as appropriate. The table below shows the proposed 
renumbering of the provisions in 233 and F233 for the final rule and 
where the provisions are located in the current guidelines.

------------------------------------------------------------------------
 Proposed renumbering of provisions
         for the final rule                   Current guidelines
------------------------------------------------------------------------
                   ADA Chapter 2: Scoping Requirements
------------------------------------------------------------------------
233 Residential Facilities           233 Residential Facilities
------------------------------------------------------------------------
233.1 General                        233.1 General
------------------------------------------------------------------------
233.2 Residential Dwelling Units     233.2 Residential Dwelling Units
 Provided by Entities Subject to      Provided by Entities Subject to
 HUD Section 504 Regulations          HUD Section 504 Regulations
------------------------------------------------------------------------
233.3 Residential Dwelling Units     233.3 Residential Dwelling Units
 Provided by Entities Not Subject     Provided by Entities Not Subject
 to HUD Section 504 Regulations       to HUD Section 504 Regulations
233.3.1 Residential Dwelling Units   233.3.1 Minimum Number: New
 with Mobility Features               Construction
233.3.1.1 Facilities Other Than      233.3.1.1 Residential Dwelling
 Those Containing Emergency           Units with Mobility Features
 Transportable Housing Units
233.3.1.2 Facilities Containing      233.3.1.2 Residential Dwelling
 Emergency Transportable Housing      Units with Communication Features
 Units
233.3.2 Residential Dwelling Units
 with Communication Features
233.3.2.1 Facilities Other Than
 Those Containing Emergency
 Transportable Housing Units
233.3.2.2 Facilities Containing
 Emergency Transportable Housing
 Units
------------------------------------------------------------------------
233.3.3 Residential Dwelling Units   233.3.2 Residential Dwelling Units
 for Sale                             for Sale
------------------------------------------------------------------------
233.3.4 Additions                    233.3.3 Additions
------------------------------------------------------------------------
233.3.5 Alterations                  233.3.4 Alterations
233.3.5.1 Alterations to Vacated     233.3.4.1 Alterations to Vacated
 Buildings                            Buildings
233.3.5.2 Alterations to Individual  233.3.4.2 Alterations to Individual
 Residential Dwelling Units           Residential Dwelling Units
------------------------------------------------------------------------
233.3.6 Dispersion                   233.3.5 Dispersion
------------------------------------------------------------------------
                   ABA Chapter 2: Scoping Requirements
------------------------------------------------------------------------
F233 Residential Facilities          F233 Residential Facilities
------------------------------------------------------------------------
F233.1 General                       F233.1 General
------------------------------------------------------------------------
F233.2 Residential Dwelling Units    F233.2 Residential Dwelling Units
 Provided by HUD or Through Grant     Provided by HUD or Through Grant
 or Loan Programs Administered by     or Loan Programs Administered by
 HUD                                  HUD
------------------------------------------------------------------------
F233.3 Residential Dwelling Units    F233.3 Residential Dwelling Units
 Provided on Military Installations   Provided on Military Installations
F233.3.1 Residential Dwelling Units  F233.3.1 Minimum Number: New
 with Mobility Features               Construction
F233.3.1.1 Facilities Other Than     F233.3.1.1 Residential Dwelling
 Those Containing Emergency           Units with Mobility Features
 Transportable Housing Units
F233.3.1.2 Facilities Containing     F233.3.1.2 Residential Dwelling
 Emergency Transportable Housing      Units with Communication Features
 Units
F233.3.2 Residential Dwelling Units
 with Communication Features
F233.3.2.1 Facilities Other Than
 Those Containing Emergency
 Transportable Housing Units

[[Page 36238]]

 
F233.3.2.2 Facilities Containing
 Emergency Transportable Housing
 Units
------------------------------------------------------------------------
F233.3.3 Additions                   F233.3.2 Additions
F233.3.4 Alterations                 F233.3.3 Alterations
F233.3.4.1 Alterations to Vacated    F233.3.3.1 Alterations to Vacated
 Buildings                            Buildings
F233.3.4.2 Alterations to            F233.3.3.2 Alterations to
 Individual Residential Dwelling      Individual Residential Dwelling
 Units                                Units
------------------------------------------------------------------------
F233.3.5 Dispersion                  F233.3.4 Dispersion
------------------------------------------------------------------------
F233.4 Residential Dwelling Units    F233.4 Residential Dwelling Units
 Provided by Other Federal Agencies   Provided by Other Federal Agencies
 or Through Grant or Loan Programs    or Through Grant or Loan Programs
 Administered by Other Federal        Administered by Other Federal
 Agencies                             Agencies
F233.4.1 Residential Dwelling Units  F233.4.1 Minimum Number: New
 with Mobility Features               Construction
F233.4.1.1 Facilities Other Than     F233.4.1.1 Residential Dwelling
 Those Containing Emergency           Units with Mobility Features
 Transportable Housing Units
F233.4.1.2 Facilities Containing     F233.4.1.2 Residential Dwelling
 Emergency Transportable Housing      Units with Communication Features
 Units
F233.4.2 Residential Dwelling Units
 with Communication Features
F233.4.2.1 Facilities Other Than
 Those Containing Emergency
 Transportable Housing Units
F233.4.2.2 Facilities Containing
 Emergency Transportable Housing
 Units
------------------------------------------------------------------------
F233.4.3 Residential Dwelling Units  F233.4.2 Residential Dwelling Units
 for Sale                             for Sale
------------------------------------------------------------------------
F233.4.4 Additions                   F233.4.3 Additions
------------------------------------------------------------------------
F233.4.5 Alterations                 F233.4.4 Alterations
F233.4.5.1 Alterations to Vacated    F233.4.4.1 Alterations to Vacated
 Buildings                            Buildings
F233.4.5.2 Alterations to            F233.4.4.2 Alterations to
 Individual Residential Dwelling      Individual Residential Dwelling
 Units                                Units
------------------------------------------------------------------------
F233.4.6 Dispersion                  F233.4.5 Dispersion
------------------------------------------------------------------------

Proposed Scoping Provisions for Emergency Transportable Housing Units 
Required To Provide Mobility Features (233.3.1, F233.3.1, and F233.4.1)

    Existing scoping provisions applicable to facilities with 
residential dwelling units provided by entities not subject to 
regulations issued by the HUD under Section 504 of the Rehabilitation 
Act currently require at least 5 percent of the units to provide 
mobility features.\9\ Where facilities contain 15 or fewer residential 
dwelling units, the existing scoping provisions apply to the total 
number of units that are constructed under a single contract or are 
developed as a whole, whether or not the units are located on a common 
site. These scoping provisions currently apply to emergency 
transportable housing units.
---------------------------------------------------------------------------

    \9\ Facilities with residential dwelling units that are provided 
by entities subject to regulations issued by HUD under Section 504 
of the Rehabilitation Act are required to provide residential 
dwelling units with mobility features in a number required by the 
applicable HUD regulations.
---------------------------------------------------------------------------

    The proposed rule would add new scoping provisions for emergency 
transportable housing units required to provide mobility features at:
     233.3.1 for units covered by the ADA that are provided by 
entities not subject to regulations issued by HUD under Section 504 of 
the Rehabilitation Act;
     F233.3.1 for units covered by the ABA that are provided on 
military installations; and
     F233.4.1 for units covered by the ABA that are provided by 
federal agencies, other than HUD, or through grant or loan programs 
administered by federal agencies, other than HUD.
    The references to these provisions are as they would be renumbered 
when the final rule is published.
    The proposed new scoping provisions read as follows:
    233.3.1 Residential Dwelling Units With Mobility Features. 
Facilities, other than those containing emergency transportable housing 
units, shall comply with 233.3.1.1. Facilities containing emergency 
transportable housing units shall comply with 233.3.1.2. Residential 
dwelling units required to provide mobility features complying with 
809.2 shall be on an accessible route as required by 206.
    233.3.1.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 5 percent, but not less than one, 
of the total number of residential dwelling units, other than emergency 
transportable housing units, in the facility shall provide mobility 
features complying with 809.2.
    Exception: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of 233.3.1.1 shall apply to the total 
number of residential dwelling units that are constructed under a 
single contract, or are developed as a whole, whether or not located on 
a common site.
    233.3.1.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with mobility features complying with 809.2 in accordance with 
applicable regulations implementing Section 504 of the Rehabilitation 
Act of 1973, as amended; the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act of 1988, as amended; and the Americans with 
Disabilities Act of 1990, as amended.
    F233.3.1 Residential Dwelling Units With Mobility Features. 
Facilities on military installations containing residential dwelling 
units, other than emergency transportable housing units, shall comply 
with F233.3.1.1. Facilities on military installations containing 
emergency transportable housing units shall comply with F233.3.1.2. All 
residential dwelling units required to provide mobility features 
complying with 809.2 shall be on an accessible route as required by 
F206.

[[Page 36239]]

    F233.3.1.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 5 percent, but not less than one, 
of the total number of residential dwelling units, other than emergency 
transportable housing units, in the facility shall provide mobility 
features complying with 809.2.
    F233.3.1.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with mobility features complying with 809.2 in accordance with 
applicable regulations implementing Section 504 of the Rehabilitation 
Act of 1973, as amended; the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act of 1988, as amended; and the Americans with 
Disabilities Act of 1990, as amended.
    F233.4.1 Residential Dwelling Units With Mobility Features. 
Facilities, other than those containing emergency transportable housing 
units, shall comply with F233.4.1.1. Facilities containing emergency 
transportable housing units shall comply with F233.4.1.2. Residential 
dwelling units required to provide mobility features complying with 
809.2 shall be on an accessible route as required by F206.
    F233.4.1.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 5 percent, but not less than one, 
of the total number of residential dwelling units, other than emergency 
transportable housing units, in the facility shall provide mobility 
features complying with 809.2.
    Exception: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of F233.4.1.1 shall apply to the total 
number of residential dwelling units that are constructed under a 
single contract, or are developed as a whole, whether or not located on 
a common site.
    F233.4.1.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with mobility features complying with 809.2 in accordance with 
applicable regulations implementing Section 504 of the Rehabilitation 
Act of 1973, as amended; the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act of 1988, as amended; and the Americans with 
Disabilities Act of 1990, as amended.
    The advisory committee recommended that 10 percent of emergency 
transportable housing units provided at group sites should be required 
to provide mobility features. Emergency transportable housing units are 
more often provided at private home sites than at group sites. The 
committee recommended no minimum number be established for single unit 
installations provided at private home sites because the individual 
need for such units could exceed the minimum number. Instead, the 
committee recommended that the number of emergency transportable 
housing units with mobility features provided for single unit 
installations at private home sites should be based on individual need 
in accordance with regulations implementing Section 504 of the 
Rehabilitation Act, the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, and the ADA.\10\ These regulations prohibit 
discrimination on the basis of disability. Compliance with these 
regulations would ensure that individuals with mobility disabilities 
who need emergency transportable housing units with mobility features 
are provided such units.
---------------------------------------------------------------------------

    \10\ See 44 CFR part 16 for FEMA's regulations implementing 
Section 504 of the Rehabilitation Act; 44 CFR part 200 for FEMA's 
regulations implementing the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act; and 28 CFR parts 35 and 36 for DOJ's 
regulations implementing Titles II and III of the ADA.
---------------------------------------------------------------------------

    The U.S. Census Bureau estimates that for the civilian 
noninstitutionalized population aged 5 and older living in the United 
States:
     27.4 million people (11.9 percent) have difficulty with 
ambulatory activities of the lower body and 19.0 million people (8.2 
percent) have difficulty with upper body physical tasks;
     8.5 million people (3.7 percent) have difficulty 
performing one or more activities of daily living such as getting 
around inside the home, getting into or out of bed, taking a bath or 
shower, getting to or using the toilet, dressing, and eating; and
     3.3 million (1.4 percent) used a wheelchair or other 
wheeled mobility device and 10.2 million (4.4 percent) used a cane, 
crutches, or walker to assist with mobility.\11\
---------------------------------------------------------------------------

    \11\ U.S. Census Bureau, Americans with Disabilities:2005 
(Issued December 2008) available at: http://www.census.gov/prod/2008pubs/p70-117.pdf.
---------------------------------------------------------------------------

    The rate of physical disability varies by state and ranged from 5.9 
percent in Utah to 13.5 percent in West Virginia.\12\ FEMA's current 
policy is to have 20 percent of its inventory of emergency 
transportable housing units comply with UFAS, HUD's current 
accessibility standard for residential facilities. When individuals and 
households apply for temporary housing assistance from FEMA, their 
needs are assessed and they are assigned emergency transportable 
housing units based on their assessed needs. The percentage of UFAS 
units that FEMA provides varies widely from disaster to disaster based 
on assessed needs.
---------------------------------------------------------------------------

    \12\ U. S. Census Bureau, Disability Status: 2000 (Issued March 
2003) available at: http://www.census.gov/prod/2003pubs/c2kbr-17.pdf.
---------------------------------------------------------------------------

    To allow for flexibility to provide emergency transportable housing 
units with mobility features based on the assessed needs of applicants, 
the proposed rule adopts the approach recommended by the advisory 
committee for single unit installations at private home sites to group 
sites also. The proposed new scoping provisions would require that 
emergency transportable housing units with mobility features be 
provided in accordance with regulations implementing Section 504 of the 
Rehabilitation Act, the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, and the ADA.

Proposed Scoping Provisions for Emergency Transportable Housing Units 
Required To Provide Communication Features (233.3.2, F233.3.2, and 
F233.4.2)

    Existing scoping provisions applicable to facilities with 
residential dwelling units provided by entities not subject to 
regulations issued by the HUD under Section 504 of the Rehabilitation 
Act currently require at least 2 percent of the units to provide 
communication features.\13\ Where facilities contain 15 or fewer 
residential dwelling units, the existing scoping provisions apply to 
the total number of units that are constructed under a single contact 
or are developed as a whole, whether or not the units are located on a 
common site. These scoping provisions currently apply to emergency 
transportable housing units.
---------------------------------------------------------------------------

    \13\ Facilities with residential dwelling units that are 
provided by entities subject to regulations issued by HUD under 
Section 504 of the Rehabilitation Act are required to provide 
residential dwelling units with communication features in a number 
required by the applicable HUD regulations.
---------------------------------------------------------------------------

    The proposed rule would add new scoping provisions for emergency 
transportable housing units required to provide communication features 
at:
     233.3.2 for units covered by the ADA that are provided by 
entities not subject to regulations issued by HUD under Section 504 of 
the Rehabilitation Act;
     F233.3.2 for units covered by the ABA that are provided on 
military installations; and
     F233.4.2 for units covered by the ABA that are provided by 
federal agencies, other than HUD, or through

[[Page 36240]]

grant or loan programs administered by federal agencies, other than 
HUD.
    The references to these provisions are as they would be renumbered 
when the final rule is published.
    The proposed new scoping provisions read as follows:
    233.3.2 Residential Dwelling Units with Communication Features. 
Facilities, other than those containing emergency transportable housing 
units, shall comply with 233.3.2.1. Facilities containing emergency 
transportable housing units shall comply with 233.3.2.2.
    233.3.2.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 2 percent, but not less than one, 
of the total number of residential dwelling units, other than emergency 
transportable housing units, in the facility shall provide 
communication features complying with 809.3.
    Exception: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of 233.3.2.1 shall apply to the total 
number of residential dwelling units that are constructed under a 
single contract, or are developed as a whole, whether or not located on 
a common site.
    233.3.2.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with residential dwelling unit smoke alarms complying with 809.3.1 and, 
where weather alert systems are provided, with weather alert systems 
complying with 809.3.4 in accordance with applicable regulations 
implementing Section 504 of the Rehabilitation Act of 1973, as amended; 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 
1988, as amended; and the Americans with Disabilities Act of 1990, as 
amended.
    F233.3.2 Residential Dwelling Units With Communication Features. 
Facilities on military installations, other than those containing 
emergency transportable housing units, shall comply with F233.3.2.1. 
Facilities on military installations containing emergency transportable 
housing units shall comply with F233.3.2.2.
    F233.3.2.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 2 percent, but not less than one, 
of the total number of residential dwelling units, other than emergency 
transportable housing units, in the facility shall provide 
communication features complying with 809.3.
    F233.3.2.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with residential dwelling unit smoke alarms complying with 809.3.1 and, 
where weather alert systems are provided, with weather alert systems 
complying with 809.3.4 in accordance with applicable regulations 
implementing Section 504 of the Rehabilitation Act of 1973, as amended; 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 
1988, as amended; and the Americans with Disabilities Act of 1990, as 
amended.
    F233.4.2 Residential Dwelling Units With Communication Features. 
Facilities, other than those containing emergency transportable housing 
units, shall comply with F233.4.2.1. Facilities containing emergency 
transportable housing units shall comply with F233.4.2.2.
    F233.4.2.1 Facilities Other Than Those Containing Emergency 
Transportable Housing Units. At least 2 percent, but not less than one, 
of the total number of residential dwelling units, other than emergency 
transportable housing units, in the facility shall provide 
communication features complying with 809.3.
    Exception: Where facilities contain 15 or fewer residential 
dwelling units, the requirements of F233.4.2.1 shall apply to the total 
number of residential dwelling units that are constructed under a 
single contract, or are developed as a whole, whether or not located on 
a common site.
    F233.4.2.2 Facilities Containing Emergency Transportable Housing 
Units. Entities shall provide emergency transportable housing units 
with residential dwelling unit smoke alarms complying with 809.3.1 and, 
where weather alert systems are provided, with weather alert systems 
complying with 809.3.4 in accordance with applicable regulations 
implementing Section 504 of the Rehabilitation Act of 1973, as amended; 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 
1988, as amended; and the Americans with Disabilities Act of 1990, as 
amended.
    The proposed new scoping provisions for emergency transportable 
housing required to provide communication features are the same as the 
proposed new scoping provisions for emergency transportable housing 
units required to provide mobility features. The proposed new scoping 
provisions would require that emergency transportable housing units 
with communication features be provided in accordance with regulations 
implementing Section 504 of the Rehabilitation Act, the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act, and the ADA.
    The proposed new scoping provisions would require visible smoke 
alarms in emergency transportable housing units required to provide 
communication features. FEMA currently provides visible smoke alarms in 
all its emergency transportable housing units. FEMA can exceed the 
proposed new scoping provisions. Where weather alert systems are 
provided in emergency transportable housing units required to provide 
communication features, the proposed new scoping provisions would 
require the systems to provide both audible and visible output. FEMA 
currently provides weather alert systems in all its emergency 
transportable housing units, and the systems provide both audible and 
visible output. As noted above, FEMA can exceed the proposed new 
scoping provisions.

233.3.6, F233.3.5, and F233.4.6 Dispersion

    The proposed rule would add a new exception to the dispersion 
provisions in 233.3.6, F233.3.5, and F233.4.6 for emergency 
transportable housing units required to provide mobility features and 
emergency transportable housing units required to provide communication 
features. The references to the dispersion provisions in 233.3.6, 
F233.3.5, and F233.4.6 are as they would be renumbered when the final 
rule is published.
    The proposed new exception to the dispersion provisions in 233.3.6, 
F233.3.5, and F233.4.6 read as follows:
    Exception 2. Emergency transportable housing units required to 
provide mobility features complying with 809.2 shall not be required to 
be dispersed among the various types of residential dwelling units in a 
facility or to provide choices of residential dwelling units comparable 
to those available to other residents.
    Residential dwelling units required to provide mobility features 
and residential dwelling units required to provide communication 
features currently are required to be dispersed among the various types 
of residential dwelling units in a facility to provide choices 
comparable to, and integrated with, units available to other residents. 
Since emergency transportable housing units with mobility features and 
emergency transportable housing units with communication features are 
provided to applicants based on their assessed needs, it is not 
necessary to require comparable choices of units at each facility. If 
two or three bedroom units with mobility features are not needed at a 
particular group site, they should not be provided at that site but 
should be provided at other group sites

[[Page 36241]]

or private home sites where they are needed.
    The proposed rule would add a new exception to the dispersion 
provisions in 233.3.6, F233.3.5, and F233.4.6 that would not require 
emergency transportable housing units required to provide mobility 
features and emergency transportable housing units required to provide 
communication features to be dispersed among the various types of 
residential dwelling units in a facility. Emergency transportable 
housing units required to provide mobility features and emergency 
transportable housing units required to provide communication features 
would be required to be integrated with other units in a facility so 
individuals with disabilities and their families are not isolated or 
segregated at group sites.

Chapters 4, 6, and 8 (Appendix D to 36 CFR Part 1191)

    Chapters 3 through 10 contain technical provisions for facilities 
covered by the ADA and ABA, and are codified in Appendix D to 36 CFR 
part 1191. As discussed below, the proposed rule would amend existing 
provisions in Chapters 4, 6, and 8 and also would add new provisions to 
these chapters.

Advisory 404.2.5 Thresholds

    The proposed rule would add a new advisory note to 404.2.5 to read 
as follows:
    Advisory 404.2.5 Thresholds. Some doors, particularly entrance 
doors to emergency transportable housing units, include a lip on the 
bottom edge of the face of the door. This design may result in a ramp 
landing positioned more than the allowable \1/2\-inch maximum below the 
threshold.
    The existing technical provisions in 404.2.5 currently require 
thresholds at doorways to be \1/2\-inch high maximum and changes in 
level between \1/4\-inch high minimum and \1/2\-inch high maximum to be 
beveled with a slope not steeper than 1:2. Entry doors on smaller 
emergency transportable housing units typically have a lip that extends 
approximately \5/8\-inch to \3/4\-inch below the bottom edge of the 
door face. Ramps installed to provide an accessible route to the entry 
door typically are made from exterior grade wood that will warp over 
time. The ramp landing needs to be positioned below the door lip so the 
door can operate freely without binding against the landing surface. 
This can result in changes in level between the ramp landing and the 
entry doorway that exceed the \1/2\-inch maximum threshold height by 
one inch.
    The advisory committee recommended adding a new advisory note to 
404.2.5 to address this situation. The proposed new advisory note would 
indicate that entry doors with a lip on the bottom edge of the door 
face may result in exceeding the \1/2\-inch maximum threshold height. 
Larger emergency transportable housing units typically use entry doors 
more common to residential construction that meet the \1/2\-inch 
maximum threshold height.

405.2 Slope and 405.6 Rise (Ramp Runs)

    The proposed rule would add a new exception to the technical 
provision for the slope of ramp runs in 405.2 to read as follows:
    Exception 2. In emergency transportable housing units, where 
existing physical or site constraints prohibit the installation of an 
entry ramp complying with 405.2, ramps shall be permitted to provide a 
single ramp run with a slope no steeper than 1:10 provided that the 
maximum rise of all ramp runs serving the unit entrance is not greater 
than 36 inches (915 mm) and one of the following conditions is met:
    (a) The emergency transportable housing unit is located on a site 
containing a private home for the use of the occupant of the private 
home; or
    (b) The emergency transportable housing unit is located on a 
privately-owned residential site that is designed for the later 
installation of a dwelling unit for the use of the owner of the site.
    The proposed rule also would add a new exception to the technical 
provision for the rise of ramp runs in 405.6 to read as follows:
    Exception: In emergency transportable housing units, where existing 
physical or site constraints prohibit the installation of an entry ramp 
complying with 405.6, ramps shall be permitted to provide a single ramp 
run with a rise 36 inches (915 mm) maximum provided that the one of the 
following conditions is met:
    (a) The emergency transportable housing unit is located on a site 
containing a private home for the use of the occupant of the private 
home; or
    (b) The emergency transportable housing unit is located on a 
privately-owned residential site that is designed for the later 
installation of a dwelling unit for the use of the owner of the site.
    Persons whose homes have been rendered uninhabitable by a disaster 
prefer to have emergency transportable housing units provided on their 
private home sites so they can protect their property, supervise the 
reconstruction of their homes, and maintain relationships within their 
community. Federal, state, and local laws require the tires to remain 
on emergency transportable housing units and the floor level is 
typically elevated 36 inches above the ground. Entry ramps are 
installed at emergency transportable housing units with mobility 
features and the entry ramps cannot encroach on adjacent sites or 
public rights-of-way where the units are provided at private home 
sites. An entry ramp that complies with the technical provisions for 
ramp run slope in 405.2 (1:12 maximum) and ramp run rise in 405.6 (30 
inches maximum) needs at least two ramp runs and an intermediate 
landing between the ramp runs. The landing would be approximately 18 
square feet, and 40 square feet if the ramp needs to change direction 
in order to fit on the site. The entry ramp would be approximately 158 
to 180 square feet depending on the landing configuration. If 
sufficient space is not available on a private home site to install the 
entry ramp, an emergency transportable housing unit with mobility 
features may not be provided at the site and individuals with 
disabilities may be relocated to a group site.
    The advisory committee recommended adding new exceptions to the 
technical provisions for the slope and rise of ramp runs in 405.2 and 
405.6 so individuals with disabilities can have an emergency 
transportable housing unit with mobility features provided at their 
private home site while their homes are rebuilt and avoid relocation to 
a group site. When existing physical or site constraints on a private 
home site prohibits the installation of an entry ramp that meets the 
technical provisions for ramp slope and ramp rise in 405.2 and 405.6, 
the proposed new exceptions to these provisions would permit a single 
ramp run with a slope not steeper than 1:10 and a 36 inches maximum 
rise. The proposed new exceptions would result in a space savings of 
approximately 38 to 60 square feet, depending on the landing 
configuration, or about one-third of the space needed for an entry ramp 
that meets the technical provisions for the slope and rise of ramp runs 
without the proposed new exceptions.
    Many individuals with disabilities have difficulty using ramps with 
slopes steeper than 1:12 and may find a ramp with a 1:10 slope not 
usable. Because individuals with disabilities have varying needs and 
capabilities, the concurrence of individuals with disabilities who will 
use the entry ramp should be obtained before applying the proposed new 
exceptions.

[[Page 36242]]

604.5 Grab Bars (Water Closets)

607.4 Grab Bars (Bathtubs)

608.3 Grab Bars (Showers)

    These sections currently require grab bars at toilet and bathing 
fixtures. Existing exceptions to these sections currently permit grab 
bars to be omitted at the time of construction in residential dwelling 
units where the walls are reinforced to support the installation of 
grab bars when needed by an occupant with a disability.
    The proposed rule would amend the existing exception to 604.5 to 
read as follows:
    Exception 2. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, grab bars shall not be required to be installed 
in toilet or bathrooms provided that reinforcement has been installed 
in walls and located so as to permit the installation of grab bars 
complying with 604.5.
    The proposed rule would amend the existing exception to 607.4 to 
read as follows:
    Exception 2. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, grab bars shall not be required to be installed 
in bathtubs located in bathing facilities provided that reinforcement 
has been installed in walls and located so as to permit the 
installation of grab bars complying with 607.4.
    The proposed rule would amend the existing exception to 608.3 to 
read as follows:
    Exception 2. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, grab bars shall not be required to be installed 
in showers located in bathing facilities provided that reinforcement 
has been installed in walls and located so as to permit the 
installation of grab bars complying with 608.3.
    The existing exceptions to 604.5, 607.4, and 608.3 are intended to 
be used where residential dwelling units would be occupied by different 
persons over the life of the unit and some occupants may not need grab 
bars at toilet and bathing fixtures. The advisory committee recommended 
that these existing exceptions should not be used for emergency 
transportable housing units required to provide mobility features 
because they could result in delays in installing grab bars in the 
units. FEMA requires grab bars to be installed at toilet and bathing 
fixtures at the time of construction in emergency transportable housing 
units required to provide mobility features. The proposed rule would 
amend the existing exceptions to 604.5, 607.4, and 608.3 so they would 
not apply to emergency transportable housing units required to provide 
mobility features.

606.2 Clear Floor Space (Lavatories and Sinks)

    This section currently requires clear floor space with knee and toe 
clearance to be provided at lavatories and sinks. An existing exception 
to this section currently permits readily removable base cabinets and 
finished floors and walls to be installed beneath lavatories and sinks 
so the cabinets can be removed and stored when an occupant with a 
disability needs clear floor space with knee and toe clearance at the 
lavatory and sink.
    The proposed rule would amend the existing exception to 606.2 to 
read as follows:
    Exception 3. In residential dwelling units, other than emergency 
transportable housing units required to provide mobility features 
complying with 809.2, cabinetry shall be permitted under lavatories and 
kitchen sinks provided that all of the following conditions are met:
    (a) The cabinetry can be removed without removal or replacement of 
the fixture;
    (b) The finish floor extends under the cabinetry; and
    (c) The walls behind and surrounding the cabinetry are finished.
    The existing exception to 606.2 is intended to be used where 
residential dwelling units would be occupied by different persons over 
the life of the unit and some occupants may not need clear floor space 
with knee and toe clearance at the lavatory and sink. The advisory 
committee recommended that this existing exception should not be used 
for emergency transportable housing units required to provide mobility 
features because the units do have space to store the removable base 
cabinets. FEMA requires clear floor space with knee and toe clearance 
to be provided at lavatories and sinks at the time of construction in 
emergency transportable housing units required to provide mobility 
features. The proposed rule would amend the existing exception to 606.2 
so it would not apply to emergency transportable housing units required 
to provide mobility features.

606.4 Faucets and Water Spray Units

    This section currently requires controls for faucets to comply with 
the technical provisions for operable parts in 309 and hand-operated 
metering faucets to remain open for at least 10 seconds.
    The proposed rule would amend this section to read as follows:
    606.4 Faucets and Water Spray Units. Controls for faucets and water 
spray units shall comply with 309. Hand-operated metering faucets shall 
remain open for 10 seconds minimum. A water spray unit shall be 
provided at the kitchen sink in emergency transportable housing units 
required to provide mobility features complying with 809.2.
    The proposed rule would add a new provision for a water spray unit 
to be provided at the kitchen sink in emergency transportable housing 
units required to provide mobility features. The advisory committee 
recommended that a water spray unit be provided at the kitchen sink to 
facilitate dish washing by individuals with limited reach and dexterity 
because dishwashers typically are not provided in emergency 
transportable housing units.

608.4 Seats (Roll-In Type Showers)

    This section currently requires folding or non-folding seats to be 
provided in transfer-type shower compartments, and in roll-in type 
showers in transient lodging guest rooms required to provide mobility 
features.
    The proposed rule would amend this section to read as follows:
    608.4 Seats. A folding or non-folding seat shall be provided in 
transfer type shower compartments. A folding seat shall be provided in 
roll-in type showers required in transient lodging guest rooms with 
mobility features complying with 806.2 and in roll-in type showers 
provided in emergency transportable housing units required to provide 
mobility features complying with 809.2. Seats shall comply with 610.
    The proposed rule would add a new provision to 608.4 for a folding 
seat to be provided in roll-in type showers provided in emergency 
transportable housing units required to provide mobility features. The 
advisory committee recommended that a folding seat be provided in roll-
in type showers provided in emergency transportable housing units 
required to provide mobility features since individuals with 
disabilities who use shower chairs for bathing may not have these 
mobility aids available in the aftermath of a disaster. Shower chairs 
are designed specifically for bathing and are not suitable for other 
uses. Many individuals with mobility disabilities could not use roll-in 
showers without a folding seat or shower chair. FEMA

[[Page 36243]]

currently provides a folding seat in roll-in type showers in emergency 
transportable housing units required to provide mobility features.
    Question 4. Are there other building elements in addition to a 
water spray unit at the kitchen sink and a folding seat in a roll-in 
type showers that should be provided in emergency transportable housing 
units required to provide mobility features to facilitate independent 
living by individuals with disabilities who do not have the personal 
assistants or mobility aids that they typically depend on to perform 
activities of daily living in the aftermath of a disaster? Where 
possible, comments should include information regarding the cost of the 
recommended building elements.
    The 2009 edition of the International Code Council American 
National Standard for Accessible and Usable Buildings and Facilities 
(ICC/ANSI A117.1) requires a folding seat in all roll-in type showers 
regardless of the occupancy type to facilitate use by a broader range 
of individuals with disabilities.
    Question 5 . Should a folding seat be required in roll-in type 
showers regardless of the type of occupancy? Will a folding seat 
improve the usability of roll-in type showers? What costs are 
associated with requiring a folding seat in new and altered roll-in 
type showers?

804.3 Kitchen Work Surface

    This section currently requires at least one 30 inch wide section 
of kitchen counter space to provide a work surface that is 34 inches 
high maximum and has a clear floor space with knee and toe clearance 
for a forward approach to the work surface.
    The proposed rule would add a new exception to 804.3 to read as 
follows:
    Exception: In emergency transportable housing units, a work surface 
complying with 804.3 shall not be required provided that the following 
criteria are met:
    (a) A kitchen table complying with 902 is provided within the 
kitchen;
    (b) All kitchen counter tops are 34 inches high maximum; and
    (c) An electrical outlet is provided at a location within reach of 
the table.
    Kitchens in emergency transportable housing units are usually small 
in size in order to maximize living space and have less storage space 
than other types of residential dwelling units. The advisory committee 
was concerned that a kitchen work surface complying with 804.3 reduces 
the amount of available storage space in the kitchen and recommended 
permitting a kitchen table complying with 902 to be provided instead of 
a kitchen work surface complying with 804.3. The committee also was 
concerned that occupants who use wheelchairs would not be able to use 
small kitchen appliances when they are positioned parallel to the 
kitchen counter tops. Kitchen counter tops are typically 36 inches 
high, which prevents a side reach over an obstruction. Therefore, the 
committee also recommended that all kitchen counter tops be 34 inches 
high maximum and that an electrical outlet be provided within reach of 
the kitchen table.
    Question 6. Would allowing the kitchen work surface complying by 
804.3 to be replaced by a table complying with 902, all kitchen counter 
tops at 34 inches high maximum, and an electrical outlet within reach 
of the table result in a kitchen that is usable by individuals with 
disabilities? Would the proposed new exception have any cost impacts? 
Would the proposed new exception necessitate the installation of 
specialized or modified cabinetry? Would installing the counter tops at 
34 inches high maximum affect the amount of usable storage currently 
required by 804.5 to be within the reach ranges specified in 308? Is 
there any reason why an electrical outlet should not be provided near a 
kitchen table?

809 Residential Dwelling Units

    The proposed rule would add new technical provisions to 809 for 
emergency transportable housing units with mobility features and 
emergency transportable housing units with communication features. When 
the final rule is published, the provisions in 809 would be renumbered 
to accommodate the new technical provisions for emergency transportable 
housing units, and the renumbered provisions would be referenced in 
other sections, as appropriate. The proposed rule also would reorganize 
the existing technical provisions for alarms in emergency transportable 
housing units with communication features. The table below shows the 
proposed renumbering of the provisions in 809 for the final rule and 
where the provisions are located in the current guidelines.

------------------------------------------------------------------------
 Proposed renumbering of provisions
         for the final rule                   Current guidelines
------------------------------------------------------------------------
809 Residential Dwelling Units       809 Residential Dwelling Units
------------------------------------------------------------------------
809.1 General                        809.1 General
------------------------------------------------------------------------
809.2 Residential Dwelling Units     809.2 Accessible Routes
 with Mobility Features
809.2.1 Accessible Routes            809.2.1 Location
809.2.1.1 Turning Space              809.2.2 Turning Space
809.2.1.2 Carpet                     809.3 Kitchen
809.2.2 Kitchen                      809.4 Toilet Facilities and Bathing
                                      Facilities
809.2.3 Toilet Facilities and
 Bathing Facilities
809.2.4 Bedrooms in Emergency
 Transportable Housing Units
809.2.4.1 Clear Floor Space
809.2.4.2 Overlap
809.2.4.3 Lighting Controls
809.2.5 Weather Alert Systems
------------------------------------------------------------------------
809.3 Residential Dwelling Units     809.5 Residential Dwelling Units
 with Communication Features          with Communication Features
809.3.1 Alarms                       809.5.1 Building Fire Alarm System
809.3.1.1 Building Fire Alarm        809.5.1.1 Alarm Appliances
 System
809.3.1.2 Residential Dwelling Unit  809.5.1.2 Activation
 Smoke Alarms                        809.5.2 Residential Dwelling Unit
                                      Smoke Alarms
809.3.1.3 Activation                 809.5.2.1 Activation
809.3.2 Residential Dwelling Unit    809.5.3 Interconnection
 Primary Entrance
809.3.2.1 Notification               809.5.4 Prohibited Use
809.3.2.2 Identification             809.5.5 Residential Dwelling Unit
                                      Primary Entrance

[[Page 36244]]

 
809.3.3 Site, Building, or Floor     809.5.5.1 Notification
 Entrance
809.3.4 Weather Alert Systems        809.5.5.2 Identification
                                     809.5.6 Site, Building, or Floor
                                      Entrance
------------------------------------------------------------------------

809.2 Residential Dwelling Units With Mobility Features

    As discussed below, the proposed rule would add new technical 
provisions to 809.2 for emergency transportable housing units with 
mobility features. The references to these provisions are as they would 
be renumbered when the final rule is published.

809.2.1.2 Carpet

    The proposed rule would add a new provision at 809.2.1.2 to read as 
follows:
    809.2.1.2 Carpet. Within emergency transportable housing units, 
carpet shall be prohibited on floor surfaces.
    This proposed new provision would prohibit carpet in emergency 
transportable housing units with mobility features.

809.2.4 Bedrooms in Emergency Transportable Housing Units

    The proposed rule would add new provisions at 809.2.4 to read as 
follows:
    809.2.4 Bedrooms in Emergency Transportable Housing Units. Bedrooms 
in emergency transportable housing units shall comply with 809.2.4.
    809.2.4.1 Clear Floor Space. A clear floor space complying with 305 
shall be provided on one side of a bed. The clear floor space shall be 
positioned for parallel approach to the side of the bed and shall be on 
an accessible route.
    809.2.4.2 Overlap. Where bedrooms are less than 70 square feet, the 
accessible route, maneuvering clearances required at doors, and turning 
space shall not overlap space occupied by furniture supplied with the 
unit.
    809.2.4.3 Lighting Controls. A means to control at least one source 
of bedroom lighting from the bed shall be provided.
    These proposed new provisions would apply to bedrooms in emergency 
transportable housing units with mobility features. They would require 
clear floor space positioned for a parallel approach to be located on 
one side of a bed and to be on an accessible route; would prohibit 
required accessible routes, maneuvering clearances, and turning spaces 
in bedrooms less than 70 square feet from overlapping space occupied by 
furniture supplied with the unit; and would require a means to control 
at least one source of lighting from the bed.
    The advisory committee recommended these proposed new provisions to 
address space constraints in bedrooms in emergency transportable 
housing units. Emergency transportable housing units typically are 
furnished at the factory leaving little flexibility in furniture 
layout. Rearranging furniture supplied with the unit to increase 
accessibility often is impossible because of the small size of the 
unit. The committee did not recommend providing clear floor space on 
both sides of the bed because it would unnecessarily encroach on the 
limited space within the bedroom. If an individual with a disability 
cannot transfer on the side of the bed served by the clear floor space, 
the furniture can be rearranged.
    Existing technical provisions in 809.2 and 404.2.4 currently 
require all rooms in residential dwelling units served by an accessible 
route to have a turning space (i.e., T-Turn or 60 inch diameter circle) 
and all doors on accessible routes to provide maneuvering clearances. 
Building codes generally require residential dwelling unit bedrooms to 
be at least 70 square feet. However, emergency transportable housing 
units rarely are subject to building codes and their bedrooms may be 
smaller. The proposed new provisions would prohibit required accessible 
routes, maneuvering clearances, and turning spaces in bedrooms less 
than 70 square feet from overlapping space occupied by furniture 
supplied with the unit. With careful design of room shape, door 
arrangement, and furniture layout, small bedrooms can meet the proposed 
new provisions.
    Emergency transportable housing units typically are supplied with 
overhead lighting controlled by a wall switch near the bedroom door. 
These switches currently are required to comply with the technical 
provisions for operable parts in 309, including reach ranges, but they 
usually cannot be operated from the bed and bedside lamps are rarely 
supplied with the unit. Providing a means to control at least one 
source of lighting from the bed, such as bedside lamps, wall switches 
near the bed, or remote control devices that can be operated from the 
bed, allows individuals with disabilities to transfer in and out of bed 
safely.

809.2.5 Weather Alert Systems

    The proposed rule would add a new provision at 809.2.5 to read as 
follows:
    809.2.5 Weather Alert Systems. Where provided in emergency 
transportable housing units, weather alert systems shall comply with 
309.1 through 309.3.
    This proposed new provision would require weather alert systems 
provided in emergency transportable housing units with mobility 
features to comply with the technical provisions for clear floor space 
in 309.2 and for reach ranges in 309.3. The advisory committee did not 
recommend that weather alert systems comply with technical provisions 
for operation in 309.4 because some of the controls on currently 
available systems require tight grasping or pinching to operate. The 
proposed rule does not require weather alert systems to be provided. 
FEMA currently provides weather alert systems that comply with the 
proposed new provision in all its emergency transportable housing 
units.

809.3 Residential Dwelling Units With Communication Features

    The references to the provisions for residential dwelling units 
with communication features are as they would be renumbered when the 
final rule is published.

809.3.1 Alarms

    The proposed rule would reorganize the existing technical 
provisions for alarms in residential dwelling units with communication 
features at 809.3.1 and add a new provision on power sources in 
809.3.1.2 to read as follows:
    809.3.1 Alarms. Alarms shall comply and 809.3.1. The same visible 
alarm appliances shall be permitted to provide notification of building 
fire alarm and residential dwelling unit smoke alarm activation. 
Visible alarm appliances used to indicate building fire alarm or 
residential dwelling unit smoke alarm activation shall not be used for 
any other purpose within the residential dwelling unit.
    809.3.1.1 Building Fire Alarm System. Where a building fire alarm 
system is provided, the system wiring shall be extended to a point 
within the residential dwelling unit in the vicinity of the residential 
dwelling unit smoke alarm system. Alarm appliances

[[Page 36245]]

provided within a residential dwelling unit as part of the building 
fire alarm system shall comply with NFPA 72 (1999 or 2002 edition) 
(incorporated by reference, see ``Referenced Standards'' in Chapter 1).
    809.3.1.2 Residential Dwelling Unit Smoke Alarms. Residential 
dwelling unit smoke alarms shall provide audible alarm appliances with 
integral visible alarms complying with NFPA 72 (1999 or 2002 edition) 
(incorporated by reference, see ``Referenced Standards'' in Chapter 1). 
Smoke alarms with an integral visible notification appliance shall be 
supplied with power from one or more power sources as follows:
    (a) A commercial light and power source along with a secondary 
power source; or
    (b) A non-commercial alternating current (ac) power source along 
with a secondary power source.
    809.3.1.3 Activation. All alarms within the residential dwelling 
unit providing visible notification of a building fire alarm shall be 
activated upon activation of the building fire alarm in the portion of 
the building containing the residential dwelling unit. All visible 
smoke alarms within the residential dwelling unit shall be activated 
upon smoke detection.
    The proposed new provision in 809.3.1.2 would require smoke alarms 
with built-in visible alarms to provide either a commercial light and 
power source along with a secondary power source, or a non-commercial 
alternating current power source along with a secondary power source. 
Commercial light and power is generated and distributed from a central 
station and is the type of power provided by public utilities in most 
communities in the United States. Most home generators provide a non-
commercial light and power source. A secondary power source can be a 
battery installed in the unit. The proposed provision is consistent 
with requirements in the National Fire Protection Association (NFPA) 72 
National Fire Alarm Code, which is referenced in 809.3.1.2. The 
proposed new provision would apply to all types of residential dwelling 
units required to provide communication features, including emergency 
transportable housing units.

809.3.4 Weather Alert Systems

    The proposed rule would add a new provision at 809.3.4 to read as 
follows:
    809.3.4 Weather Alert Systems. Where provided in emergency 
transportable housing units, weather alert systems shall provide 
audible and visual output.
    The proposed new provision would require weather alert systems 
provided in emergency transportable housing units with communication 
features to provide both audible and visible output. The proposed rule 
does not require weather alert systems to be provided. FEMA currently 
provides weather alert systems that comply with the proposed new 
provision in all its emergency transportable housing units.

7. Regulatory Analyses

Executive Order 13563 (Improving Regulation and Regulatory Review) and 
Executive Order

12866 (Regulatory Planning and Review): Preliminary Regulatory 
Assessment

    The Office of Management and Budget has reviewed this proposed rule 
in accordance with Executive Orders 13563 and 12866. Among other 
things, Executive Order 13563 directs agencies to propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs; tailor the regulation to impose the least burden on society, 
consistent with obtaining the regulatory objectives; and, in choosing 
among alternative regulatory approaches, select those approaches that 
maximize net benefits. Executive Order 13563 recognizes that some 
benefits and costs are difficult to quantify and provides that, where 
appropriate and permitted by law, agencies may consider and discuss 
qualitatively values that are difficult or impossible to quantify, 
including equity, human dignity, fairness, and distributive impacts.
    The Access Board has prepared a preliminary regulatory assessment 
for the proposed rule. The preliminary regulatory assessment is 
available on the Access Board's web site at: http://www.access-board.gov/eth/index.htm. The benefits and costs of the proposed rule 
are discussed below.

Benefits

    The U.S. Census Bureau estimates that for the civilian 
noninstitutionalized population aged 5 and older living in the United 
States:
     27.4 million people (11.9 percent) have difficulty with 
ambulatory activities of the lower body and 19.0 million people (8.2 
percent) have difficulty with upper body physical tasks;
     8.5 million people (3.7 percent) have difficulty 
performing one or more activities of daily living such as getting 
around inside the home, getting into or out of bed, taking a bath or 
shower, getting to or using the toilet, dressing, and eating;
     3.3 million (1.4 percent) used a wheelchair or other 
wheeled mobility device and 10.2 million (4.4 percent) used a cane, 
crutches, or walker to assist with mobility; and
     7.8 million people (3.4 percent) have difficulty 
hearing.\14\
---------------------------------------------------------------------------

    \14\ U.S. Census Bureau, Americans with Disabilities: 2005 
(Issued December 2008) available on the web at: http://www.census.gov/prod/2008pubs/p70-117.pdf.
---------------------------------------------------------------------------

    The proposed rule seeks to ensure that newly constructed and 
altered emergency transportable housing units are readily accessible to 
and usable by this population. The Executive Summary includes a summary 
of the major proposed provisions that discusses the justification for 
and benefits of the proposed provisions for this population. These 
benefits are difficult or impossible to quantify.

Costs

    FEMA's planning estimate is to maintain an inventory of 2,500 
emergency transportable housing units ready to deploy in response to 
disasters. As of March 2012, FEMA had approximately 2,065 units in its 
inventory. FEMA's current policy is to have 20 percent of the units in 
its inventory comply with UFAS. FEMA periodically purchases new units 
to replenish its inventory.
    When FEMA purchases new units, the units are constructed to FEMA's 
requirements. Costs are attributed to the proposed provisions if it 
would result in FEMA requiring newly constructed units to provide a 
feature that it would not otherwise require and manufacturers would 
incur additional costs to construct the feature that would increase the 
cost of the units. FEMA reviewed the proposed rule and consulted with 
five manufacturers to determine whether any costs would be attributed 
to the proposed provisions. FEMA determined that no additional costs 
would be attributed to the proposed provisions for emergency 
transportable housing units required to provide communication features 
since it currently requires smoke alarms with built-in visible alarms 
and weather alert systems with both audible and visible output in all 
newly constructed units.
    For emergency transportable housing units required to provide 
mobility features, FEMA determined that costs would be attributed to 
the proposed provisions for kitchen counter top electrical outlets, a 
single water shut-off valve, a kitchen sink water spray unit, and a 
bedroom lighting control. FEMA's

[[Page 36246]]

unit cost estimates for these proposed provisions are shown in the 
table below. No costs would be attributed to the proposed provision for 
folding seats in roll-in type showers since FEMA currently requires 
folding seats to be provided in roll-in type showers.

------------------------------------------------------------------------
                                                        FEMA Unit cost
                 Proposed provisions                       estimates
------------------------------------------------------------------------
Kitchen Counter Top Electrical Outlets Exception 3             $150-$500
 to 205.1 and F205.1................................
Single Water Shut-Off Valve Exception 11 to 205.1                200-500
 and F205.1.........................................
Kitchen Sink Water Spray Unit 606.4.................                  75
Bedroom Lighting Control 809.2.4.3..................                  60
                                                     -------------------
    Total...........................................           485-1,135
------------------------------------------------------------------------

    FEMA provided low and high unit cost estimates for the kitchen 
counter top electrical outlets. The high unit cost estimate assumes 
additional costs for custom made base cabinets that may be needed for 
electrical outlets installed in the face of the cabinets. FEMA also 
provided low and high unit cost estimates for the single water shut-off 
valve. The high unit cost estimate assumes that the units would have a 
sprinkler system and would need some redesign of the plumbing system. 
FEMA currently does not require the units to provide a sprinkler system 
and the high unit cost estimate for the single water shut-off valve 
would apply if FEMA would require the units to provide sprinkler 
systems in the future.
    Question 7. Are these cost estimates reasonable? Should compliance 
costs be attributed to any of the other proposed provisions and, if so, 
what additional costs would be incurred due to the proposed provisions?
    The number of emergency transportable housing units that FEMA 
deploys varies by disaster and from year to year. The number of units 
deployed during the four year period from 2008 to 2011 is shown in the 
table below. FEMA sometimes provides UFAS units to applicants who do 
not have a disability due to lack of inventory of other units.

                             Emergency Transportable Housing Units Deployed by FEMA
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
              Year                   Number of      Total units     UFAS units      Other units     UFAS units
                                     disasters       deployed                                        (percent)
----------------------------------------------------------------------------------------------------------------
2008............................               5           3,798             369           3,429              10
2009............................               5           1,353             201           1,152              15
2010............................               3              51               3              48               6
2011............................              14           4,036             420           3,616              10
                                 -------------------------------------------------------------------------------
    Total.......................              27           9,238             993           8,245              11
                                 -------------------------------------------------------------------------------
    4-Year Average..............               7           2,310             248           2,061              11
----------------------------------------------------------------------------------------------------------------

    The total additional costs that FEMA would incur assuming HUD 
updates its accessibility standards for residential facilities to be 
consistent with the ADA and ABA Accessibility Guidelines, as amended by 
the proposed rule, are estimated under three scenarios.

Scenario 1: 4-Year Average Deployment From 2008 to 2011

    Under this scenario, the total additional costs that FEMA would 
incur on an annual basis are based on the average number of emergency 
transportable housing units deployed by FEMA from 2008 to 2011. During 
this period, FEMA deployed an average of 248 UFAS units per year. The 
scenario assumes that FEMA would purchase the same number of new units 
with mobility features annually to replenish the inventory. FEMA's 
total additional annual costs under Scenario 1 are shown in the table 
below.

            Scenario 1--Additional Annual Costs Based on 4-Year Average Deployment From 2008 to 2011
----------------------------------------------------------------------------------------------------------------
    Number of new units purchased
   annually with mobility features        Low estimate  ($485 per unit)       High estimate  ($1,135 per unit)
----------------------------------------------------------------------------------------------------------------
                          248                              $120,280                              $281,480
----------------------------------------------------------------------------------------------------------------

Scenario 2: 20 Percent of Units in Inventory Provide Mobility Features

    Under this scenario, the total additional costs that FEMA would 
incur on an annual basis are based on its planning estimate to maintain 
an inventory of 2,500 emergency transportable housing units and its 
current policy to have 20 percent of the units in the inventory comply 
with UFAS. The scenario assumes that FEMA deploys the entire inventory 
each year and would purchase 500 new units with mobility features 
annually to replenish the inventory. FEMA's total additional annual 
costs under Scenario 2 are shown in the table below.

[[Page 36247]]



     Scenario 2--Additional Annual Costs Based on 20 Percent of Units in Inventory Provide Mobility Features
----------------------------------------------------------------------------------------------------------------
    Number of new units purchased
   annually with mobility features        Low estimate  ($485 per unit)       High estimate  ($1,135 per unit)
----------------------------------------------------------------------------------------------------------------
                          500                              $242,500                              $567,500
----------------------------------------------------------------------------------------------------------------

Scenario 3: Disasters Equivalent to Hurricanes Katrina and Rita

    Under this scenario, the total additional costs that FEMA would 
incur are based on disasters equivalent to Hurricanes Katrina and Rita. 
During Hurricanes Katrina and Rita, FEMA deployed 145,000 emergency 
transportable housing units. The scenario assumes three different 
levels of assessed need for units with mobility features: 14,500 (10 
percent), 21,700 (15 percent), and 29,000 (20 percent). FEMA's total 
additional costs under Scenario 3 are shown in the table below. The 
costs may be incurred over more than one year depending on whether the 
disasters occur in the early part or late part of the year, and the 
manufacturing capacity and production time needed to construct large 
numbers of units.

            Scenario 3--Additional Costs Based on Disasters Equivalent to Hurricanes Katrina and Rita
----------------------------------------------------------------------------------------------------------------
 Number of new units purchased with
          mobility features               Low estimate  ($485 per unit)       High estimate  ($1,135 per unit)
----------------------------------------------------------------------------------------------------------------
                       14,500                            $7,032,500                           $16,457,500
                       21,700                            10,548,750                            24,686,250
                       29,000                            14,065,000                            32,915,000
----------------------------------------------------------------------------------------------------------------

    The Access Board has made a preliminary determination based on the 
preliminary regulatory assessment that the benefits of the proposed 
amendments would justify the costs; that the proposed amendments would 
impose the least burden on society, consistent with obtaining the 
regulatory objectives; and that the regulatory approach selected would 
maximize net benefits.

Regulatory Flexibility Act: Certification of No Significant Impact on a 
Substantial Number of Small Entities

    Pursuant to Section 605 (b) of the Regulatory Flexibility Act (5 
U.S.C. 605 (b)), the Access Board certifies that the proposed 
amendments will not have a significant economic impact on a substantial 
number of small entities. The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act authorizes FEMA to provide temporary housing 
assistance to individuals and households in response to a major 
disaster or emergency declared by the President. See 42 U.S.C. 5174 and 
5192. FEMA provides emergency transportable housing units where there 
is a need for temporary housing and a lack of available housing 
resources in the affected area. A review of the Web sites of state 
agencies and nongovernmental organizations that provide services in 
response to disasters did not show that these entities currently 
provide emergency transportable housing units. There is no information 
available indicating that local or tribal governments, including small 
jurisdictions with a population less than 50,000, provide emergency 
transportable housing units for people who need temporary housing in 
the aftermath of a disaster.
    Question 8. Do any small jurisdictions with a population less than 
50,000 or small nongovernmental organizations provide emergency 
transportable housing units for people who need temporary housing in 
the aftermath of a disaster?

Executive Order 13132 (Federalism)

    The proposed rule adheres to the fundamental federalism principles 
and policy making criteria in Executive Order 13132. The proposed rule 
would amend the ADA and ABA Accessibility Guidelines to specifically 
address emergency transportable housing units that are provided by the 
Federal Emergency Management Agency or other entities on a temporary 
site in response to an emergency need for temporary housing. Other 
federal agencies are required to issue enforceable accessibility 
standards for the construction and alteration of facilities covered by 
the ADA or ABA that are consistent with the ADA and ABA Accessibility 
Guidelines. The ADA was enacted by Congress pursuant to its authority 
to enforce the Fourteenth Amendment to the U.S. Constitution and to 
regulate commerce. The ADA was enacted to provide a clear and 
comprehensive national mandate for the elimination of discrimination 
against individuals with disabilities. See 42 U.S.C. 12101 (b) (1). The 
ADA 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. See 42 U.S.C. 12201 (b).

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. The 
proposed rule would amend the ADA and ADA Accessibility Guidelines to 
specifically address emergency transportable housing units that are 
provided by the Federal Emergency Management Agency or other entities 
on a temporary site in response to an emergency need for temporary 
housing. Other federal agencies are required to issue enforceable 
accessibility standards for the construction and alteration of 
facilities covered by the ADA or ABA that are consistent with the ADA 
and ABA Accessibility Guidelines. Since the ADA 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 1191

    Buildings and facilities, Civil rights, Incorporation by reference, 
Individuals with disabilities, Transportation.

Susan Brita,
Chair.
[FR Doc. 2012-14811 Filed 6-15-12; 8:45 am]
BILLING CODE 8150-01-P