MR. HERMAN: Good afternoon. My name is Bob
Herman, and I am the senior advocacy for the
Paralyzed Veterans of America. My testimony today is on behalf of PVA's response to the Access Board's
invitation for comment on its draft guidelines for
access to newly constructed or older larger
passenger vessels. I will also comment on the
Board's advance notice of proposed rule-making,
which sets forth several options for developing
accessibility guidelines for newly constructed or
older and smaller passenger vessels. My comments
will be brief and do not represent the full breadth
and substance of the written comments I will present
to the Board on July 28th.
First, a word about PVA and its strong interest in the Board's rule-making. PVA is a congressionally chartered veteran service organization with over 20,000 members, all of who are veterans with spinal cord injury or spinal cord dysfunction.
Virtually all PVA members use wheelchairs for mobility and when it comes to leading full, active lives, they do not take no for an answer. They cruise the seven seas in the largest of oceangoing vessels, commute and sightsee on passenger and auto ferries, sail their own and chartered sail boats and fish from the smallest dinghies and the largest motor craft.
PVA was an active member of the Passenger Vessel Access Advisory Committee. As one of two PVA representatives, I want the Board to know how pleased I am to the extent at which the Board was able to incorporate our final report into its draft guidelines. The Advisory Committee's work was painstaking, but critically important. I believe the committee was able to successfully reconcile diverse interests. They came to our world with a tremendous sense of goodwill and a feeling that anything was possible.
Simply stated, the draft guidelines represent a huge success for all stakeholders in the regulated communities. PVA looks forward to the quick adoption of these guidelines by the Department of Transportation. Although review of the draft guidelines is not complete, they do not appear to require access to employment areas, even to the limited extent required by the current standard for accessible design. This is a disappointment because the disability community representatives on the Advisory Committee worked hard to positively inform the judgment of the marine vessel community about the abilities of people with disabilities.
Draft exception to the general requirement that accessible routes connect accessible spaces specifies that decks below the bulkhead deck are now required to be connected to an accessible route. In its explanatory materials, the Board states that this exception is provided because of the high likelihood that the passenger spaces tend to be small or similar to those provided elsewhere. Such an exception would not be problematic but for my recollection of my work on the committee that some cruise line vessels have their medical facilities below the bulkhead deck. If I am correct, the Board may need to rethink this exception.
Briefly, PVA is also concerned that the scoping requirement for roll-in showers and accessible guest rooms is reduced from ADA. The assembly area provisions don't speak to the issue of stadium-style seating in movie theaters, which could be a possible occurrence on board large cruise liners; and hospitality suites, where provided, will not be required to provide 32-inch doors and other accessible features. We look forward to expanding on these concerns in our written comments.
PVA also understands that the smaller vessels present the largest challenges to incorporating accessibility. But make no mistake about it, much is possible with new construction and a positive attitude on the part of both builders and marine architects. Of course, it also helps to have concise and easy to apply accessibility guidelines. To that end, Option 1in the advance notice is the most desirable from this disability organization's perspective because it references just one set of standards and provides reasonable relief from requirements that are not operationally or structurally feasible when applied to smaller vessels.
Option 2 has the apparent advantage of having gained the support of the Advisory Committee on an issue that presented significant challenge. Nevertheless, Option 2 would allow any newly constructed sailing vessel that carries up to 48 overnight passengers or up to 49 passengers to comply with greatly reduced access requirements. These are large boats capable of providing significant recreational opportunities.
Finally, while Option 3, the one that sets performance requirements, has the potential to provide improved physical access to even the smallest of vessels, performance requirements provide neither the certainty craved by marine architects nor the enforceability desired by advocates. Moreover, how many times has the disability community and the Board itself heard conflicting claims that design standards are not specific enough or are too specific?
Thank you very much for the opportunity to present this testimony. I look forward to presenting our full written comments at the end of July. Hard work is appreciated by those of us whose lives are enriched by the access your work provides. Thank you.
MR. [GARY] TALBOT [BOARD MEMBER]: Thank you very much, Bob. Anybody have any questions for Bob?
MS. [PAMELA] DORWARTH [BOARD MEMBER]: I do. This is Pam Dorwarth. I was at a conference in Fort Lauderdale not too long ago, and my understanding of the conversation that I'm hearing, that the PVA was working with a branch of the Navy and working on accessibility in vessels. Do you know anything about that?
MR. HERMAN: No, I don't. MS. DORWARTH: That's what the main conversation was. They wanted -- they were incorporating the PVA and I don't think it was the Navy, but it was some branch of the service, and they were actually working on this and I thought we should get some cooperation and get their feedback too.
MR. HERMAN: Are you sure it's not the Passenger Vessel Association? That PVA?
MS. DORWARTH: No.
MR. HERMAN: It's something I will follow up on.
MR. TALBOT: Thank you very much. Any other questions? Thanks a lot, Bob. We really appreciate it.
MR. HERMAN: Thank you for the opportunity.