1. The Access Board is an independent federal agency established by section 502 of the Rehabilitation Act. See 29 U.S.C. 792. The Access Board consists of 13 members appointed by the President from the public, a majority of which are individuals with disabilities, and the heads of 12 federal agencies or their designees whose positions are Executive Level IV or above. The federal agencies are: The Departments of Commerce, Defense, Education, Health and Human Services, Housing and Urban Development, Interior, Justice, Labor, Transportation, and Veterans Affairs; General Services Administration; and United States Postal Service.

2. 29 U.S.C. 792 (b) (3) and 42 U.S.C. 12204.

3. 29 U.S.C. 792 (b) (3).

4. 36 CFR part 1191.

5. 42 U.S.C. 12101 et seq.

6. 42 U.S.C. 12134 and 12186. The U.S. Department of Transportation is required to adopt accessibility standards for the design, construction, and alteration of facilities used to provide designated public transportation, commuter rail transportation, and intercity rail transportation. 42 U.S.C. 12149, 12163, and 12164.

7. 42 U.S.C. 4151 et seq.

8. 42 U.S.C. 4153. The Department of Defense and United States Postal Service are required to adopt accessibility standards for their respective facilities, and the General Services Administration is required to adopt accessibility standards for all other facilities covered by the ABA. 42 U.S.C. 4142, 4154, and 4154a.

9. 29 U.S.C. 792 (b) (3) and 42 U.S.C. 12204.

10. 29 U.S.C. 792 (b) (3).

11. 28 CFR 35.104 and 36.104 (definitions of 2004 ADAAG and 2010 Standards.

12. 24 CFR 40.4.

13. 42 U.S.C. 5121 et seq.

14. 42 U.S.C. 5174 (b) and (c) (1) (A), and 5192 (a) (6).

15. 42 U.S.C. 5174 (c) (1) (B) and 5192 (a) (6).

16. The Stafford Act requires the sites to be complete with utilities. 42 U.S.C. 5174 (d) (1) (a) (i). FEMA may provide federal assistance for the installation or repairs of utilities at private sites and commercial sites when FEMA determines that it will provide more cost effective, timely, and suitable temporary housing than other types of resources. 44 CFR 206.111 and 117 (b) (1) (ii) (E).

17. FEMA, National Disaster Housing Strategy, January 16, 2009, Annex 4: Disaster Housing Community Site Operations at: http://www.fema.gov/national-disaster-housing-strategy-resource-center.

18. UFAS 4.1.4 (11) (c).

19. FEMA, Recovery Policy (Interim) 9452.1, Temporary Housing Units for Eligible Disaster Victims with a Disability, October 13, 2006 at: http://www.fema.gov/media-library-data/20130726-1819-25045-5130/temporary_housing_units_for_eligible_disaster_victims_with_a_disability__9452.1_.pdf. See also FEMA, National Disaster Housing Strategy, January 16, 2009, Annex 3: Summary of Programs for Special Needs and Low-Income Populations, Including Provision of Housing Units for Individuals with Disabilities at: http://www.fema.gov/national-disaster-housing-strategy-resource-center.

20. FEMA Manufactured Housing Unit Baseline Inventory, July 26, 2013 available in the supporting documents for the rulemaking at: http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004.

21. FEMA, Recovery Policy (Interim) 9452.1, Temporary Housing Units for Eligible Disaster Victims with a Disability, October 13, 2006 at: http://www.fema.gov/media-library-data/20130726-1819-25045-5130/temporary_housing_units_for_eligible_disaster_victims_with_a_disability__9452.1_.pdf.

22. We included the data provided by FEMA in the supporting documents for the rulemaking at: http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. The data is organized by the calendar year in which the major disaster or emergency was declared. FEMA may have provided the emergency transportable housing units over more than one calendar year in response to a specific major disaster or emergency.

23. 77 FR 36231 (June 18, 2012).

24. Some of the persons who testified at the public hearing also submitted written comments. Two of the comments were duplicates and one comment was a test.

25. Where a facility has 15 or fewer residential dwelling units, the scoping requirement applies 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. See sections 233.3.1, F233.3.1, and F233.4.1 of the ADA and ABA Accessibility Guidelines

26. See 44 CFR part 16 for FEMA’s regulations implementing section 504 of the Rehabilitation Act; 44 CFR part 206 for FEMA’s regulations implementing the Stafford Act; and 28 CFR parts 35 and 36 for DOJ’s regulations implementing Titles II and III of the ADA.

27. Advisory Committee Final Report, Consensus Recommendations, Item 5: Scoping at: http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/emergency-transportable-housing/background. The advisory committee noted that FEMA had an inventory of approximately 4,000 emergency transportable housing units and 10 percent of the units were UFAS compliant.

28. 77 FR 36239 (June 18, 2012).

29. See redesignated sections 233.3.1.2.1 and F233.4.1.2.1 of the ADA and ABA Accessibility Guidelines.

30. FEMA requires a private site feasibility inspection to ensure that all necessary utilities are operational and that the unit can be installed within the space available.

31. See redesignated sections 233.3.1.2.2.1 and F233.4.1.2.2.1 of the ADA and ABA Accessibility Guidelines.

32. We included the data provided by FEMA on group sites in the supporting documents for the rulemaking at: http://www.regulations.gov/#!docketDetail;D=ATBCB-2012-0004. FEMA installed emergency transportable housing units on 17 group sites during the relevant period. Data were not available on the number and type of units installed at 8 of the group sites.

33. See new section F202.6.5.9 of the ADA and ABA Accessibility Guidelines.

34. See redesignated section F233.3.2.2 of the ADA and ABA Accessibility Guidelines.

35. Where a facility has 15 or fewer residential dwelling units, the scoping requirement applies 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. See sections 233.3.1, F233.3.1, and F233.4.1 of the ADA and ABA Accessibility Guidelines.

36. See new section F202.6.5.10 and redesignated sections 233.3.2.2, F233.3.2.2, and F233.4.2.2 of the ADA and ABA Accessibility Guidelines.

37. 24 CFR 3280.308.

38. 78 FR 34820 (June 10, 2013).

39. The revisions made by the final rule to the guidelines do not change the requirements in the DOJ 2010 Standards until DOJ adopts the revisions. The sections of the DOJ 2010 Standards relating to residential facilities are not revised or renumbered. See 36 CFR 1191.1, Note 2 to paragraph (a), as amended in 78 FR 59493 (September 26, 2013).

40. Public entities subject to Title II of the ADA are required to comply with program accessibility requirements in existing facilities. See 28 CFR 35.150. Private entities subject to Title III of the ADA are required to comply with barrier removal requirements in existing facilities. See 28 CFR 36.304.

41. See footnote 39.

42. The scoping requirements in section 233.3.1 apply to residential dwelling units provided by non-federal entities who are not subject to regulations issued by HUD under section 504 of the Rehabilitation Act. The scoping requirements in section F233.3.1 apply to residential dwelling units provided on military installations. The scoping requirements in section F233.4.1 apply to residential dwelling units provided by federal agencies (other than HUD) or by non-federal entities through a grant or loan program administered by a federal agency (other than HUD).

43. The scoping requirements in section 233.3.2 apply to residential dwelling units provided by non-federal entities who are not subject to regulations issued by HUD under section 504 of the Rehabilitation Act. The scoping requirements in section F233.3.2 apply to residential dwelling units provided on military installations. The scoping requirements in section F233.4.2 apply to residential dwelling units provided by federal agencies (other than HUD) or by non-federal entities through a grant or loan program administered by a federal agency (other than HUD).

44. Where the ramp runs and landings are in a straight configuration, the landing is approximately 18 square feet. Where the ramp runs change direction at the landings, the landing is approximately 40 square feet.

45. See footnote 39.

46. See note 21.

47. See note 22.

48. GAO, Disaster Housing: FEMA Needs More Detailed Guidance and Performance Measures to Help Ensure Effective Assistance after Major Disasters, August 28, 2009 at: http://www.gao.gov/products/GAO-09-796 .

49. See note 22.

50. 5 U.S.C. 605 (b).

51. 77 FR 36247 (June 18, 2012), Question 8.

52. 42 U.S.C. 4151 et seq. and 42 U.S.C. 12101 et seq.

53. 42 U.S.C. 12201 (b).