Dear Madam or Sir,
Please accept the attached comments and introduction letter. This correspondence discusses the rule proposal for accessibility of the disabled to both large and small passenger vessels.
Regards,
Wendy Cedoz
[address]
Curtice, OH 43412
[email address]
Office of Technical and Information Services
Architectural and Transportation Barriers Compliance Board
1331 F Street NW., Suite 1000
Washington, DC 20004-1111
March 6, 2005
Re: Docket ID: 3014-AA11
Dear Sir or Madam,
Thank you for the opportunity to comment on the above mentioned rule proposal. The document I reviewed for this purpose is titled “Draft Passenger Vessel Accessibility Guidelines and Supplementary Information” located online at: http://www.accessboard.gov/pvaac/guidelines.htm. The items referenced in my comments will refer to specific sections of this document.
This letter is designed to introduce myself and explain what my interest is in commenting on the proposed rules for Passenger Vessel Guidelines. My name is Wendy Cedoz and I am a third year law student at the University of Toledo, located in Toledo, Ohio. I have become concerned about accessibility to the disabled because of my background.
My interest in this matter is directly related to my work as a health care professional. In that capacity I have had frequent contacts with disabled individuals. My reference to “disabled individuals” in these documents considers primarily physical disabilities that involve being wheelchair bound. My practice as a Registered Nurse since 1989 in an acute care setting exposed me to many disabled individuals. The personal stories I have heard along with the observations I have made of individuals who deal with adversity on a daily basis has provided me with an awareness of the needs of the disabled. Additionally, contacts with my own family members who have been wheelchair bound and my providing care for them in public settings has also assisted my understanding of compassion for the disabled. These experiences have impelled me to advocate for disabled individuals.
I have been influenced by astute business people who have helped me understand what profitability and increased regulation can due to an industry. For this reason, I would like to see the regulations that are put into place be business and industry friendly. It would be catastrophic to burden this industry by over regulation. Requirements could also destroy used vessel markets if caution is not taken.
The attached comments predominately support the ADA’s applicability to passenger ships that port in the United States. Several modifications are suggested that I believe would enhance this rule. I have included comments on the proposed rules for both small and large vessels.
Thank you for considering my comments.
Sincerely,
Wendy S. Cedoz
Attachment: comments
Send: Via Electronic Mail
To: pvag@access-board.gov.
Subject: Docket Id: 3014-AA11
March 6, 2005
Office of Technical and Information Services
Architectural and Transportation Barriers Compliance Board
1331 F Street NW., Suite 1000
Washington, DC 20004-1111
Dear Madam or Sir,
I write on behalf of disabled Americans to support the portions of these proposed regulations that will make passenger vessels more accessible to disabled individuals as mandated by the ADA.1 I support final rules for the passenger ship industry to make “cruising” safe and reasonably accessible for disabled individuals. My special interest is for “disabled individuals” who are wheelchair bound. Since the cruise ship industry is one of the fastest growing forms of vacationing,2 access should be available to those whose desire is to experience this pleasure.
Additionally, I write to support regulations that are business and industry friendly and not overly burdensome. Care should be taken to protect used markets and protect entrepreneurs from burdensome requirements for renovation.
I believe it is quite possible to strike a balance between these two potentially competing interests. The comments that follow indicate areas of support and suggested reforms to achieve that proper balance.
General Comments
Overview. As a threshold matter, I applaud the Passenger Vessel Access Advisory Committee’s time and hard work in drafting the referenced recommendations. In my opinion, acknowledging and addressing the needs of disabled passengers helps to encourage modification to meet the needs of those in the minority who would be otherwise restricted from this type of travel. The specific guidelines proposed will clarify to business the standards that they must meet. This will take the guesswork out of complying with ADA requirements.
It is my hope that the United States Supreme Court will follow the holding of the 11th Circuit in Stevens v. Premier Cruises, Inc. 215 F. 3d 1237, (11th Cir. 2000) where that court held that foreign flagged vessels sailing in U.S. waters were not “extraterritorial” and would therefore apply the ADA requirements to them Since foreign vessels gain substantial business from American patrons while avoiding American tax and labor laws,3 it seems fair that the ADA should be apply to foreign vessels.
Passenger Amenities. Provision V201.4 allows disabled individuals access to at least one of each type of amenity provided on a ship, even if that amenity is inaccessible on another level. I believe this provision provides a fair response to inaccessible areas. A disabled person could then experience the pleasure of being a spectator at an event, even if that person is unable to participate.
Vessel Alterations. Provision V202.2 requires that each addition on an existing passenger vessel conform to the new construction requirements of chapter two. I agree with the implementation of this provision but suggest that a specific time requirement to comply with the ADA is not included in the rule. Written this way, the requirement will not prove overly burdensome to the industry and still satisfy the provision. Pressure to approach a renovation schedule that is fiscally unfeasible is eliminated. I do not believe that this factor will cause companies to put off renovations to avoid additional expenditures. The market will itself take care of any compliance problems. The competitive nature of the business and passengers desire for more amenities will prevent long term fixed conditions on passenger vessels.
Use of Elevators in Emergencies. V207.3 allows use of at least one elevator on multi-deck vessels to serve each passenger deck as an accessible means of escape. Emergency use of elevators in these situations should be permitted for disabled individuals. Additionally, crew members should be required to complete specified training to assist them in understanding how to maneuver wheelchairs in the elevator quickly and efficiently. Specifically, the training should include proper loading and unloading techniques of passengers in wheelchairs so as not to get the wheels caught in openings. A practical component that allows each crew member to actually perform these loading and unloading procedures should be included. The importance of having alternative communication readily available in an emergency situation should also be addressed.
Major Concerns
Alterations to small private use vessels. Passenger Vessels for private or personal use should not be required to conform to the construction or remodeling guidelines enumerated under V202.2 or V202.3. Regulations for small vessels should apply only to those passenger vessels that carry passengers for hire. The text should specify to which vessels the standards apply. If the guidelines are applied uniformly to all small vessels, this will increase cost and impose improper burden upon private entities. Additionally, this could possibly injure the market for used watercraft. The additional requirements that would increase the cost of renovations might deplete the amount of money an individual is willing to spend on a watercraft.
Application to both small and large rental vessels. The final rules should make clear that boat charters or boat rentals for private use should not be required to conform to the ADA standards since these standards are not imposed upon recreational vehicles or automobiles for rent.
Accessible Routes onboard Small ships. Small passenger vessels are a type of public accommodation that requires the installation of elevators from level to level for the purposes of embarking and disembarking. The exception to provision V206.2 that eliminates the vertical access requirement between levels should not apply. Because cruise ships are subject to high and low tide, storm conditions and differing physical construction of ports, embarking and disembarking may be required to occur at different levels in different situations. For this reason, vertical access for the disabled should be required. Accessibility to decks less than 3000 square feet on passenger vessels that have less than three decks should not be required if they are not entry or exit decks according to exception one.
Maximum occupant capacity regarding small and large ships. A standard should be implemented that describes whether an alteration of the maximum numbers of passengers should be implemented when traveling with a significant number of motorized wheelchairs on a small or large vessel. Since space determination is made by volume tonnage, it would be advisable to create a formula whereby an ambulatory person constitutes a certain percentage of a volume ton as compared to a wheelchair bound individual. Modifications of the vessel capacity limits may be needed in this situation. A reduced number of passengers could be mandated if a special cruise for the disabled were held. Additionally, a similar formula could be created for individuals with sight assisting dogs. Modifications to the number of passengers may also be necessary if large numbers of sight assisting dogs were on board a vessel.
Visually impaired occupants on small and large ships. Consideration for the blind or visually impaired should be included during ship renovation. Signs should be placed at a designated height and contain information in Braille. Hallways should not be obstructed to impede safe passage for visually impaired individuals as stated in provision V204. Water fountains designed to allow a wheelchair access should be recessed so they do not protrude into hallway travel areas. Space should be made available for staff to put cleaning and serving items so as not to impede the flow of traffic. These provisions would also provide fewer obstacles for all passengers in case of rough sea conditions.
Thank you for your time and consideration of this correspondence. I hope that you will consider implementing these suggestions to the proposed rule.
Best Regards,
Wendy S. Cedoz
[address]
Curtice, OH 43412
1 The Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.
2 Warren Richey, Fight over making ships fit for the disabled, The Christian Science Monitor : Edition Feb. 28, 2005. Available online at: http://www.csmonitor.com/2005/0228/p03s01-usju.html.
3 Id.