Draft Plan for Regulatory Assessment

November, 2004

Executive Order 12866 requires Federal agencies to submit certain regulatory actions to the Office of Management and Budget (OMB) for review.  The agency must provide OMB the text of the regulatory action, together with an assessment of the impacts of the regulatory action.  The assessment must describe the need for the regulatory action and how it will meet that need.  The assessment must also explain how the regulatory action is consistent with statutory mandates, promotes the President's priorities, and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions.  The assessment must be done for a proposed rule and for a final rule.  The Board seeks comment on this draft plan for developing a regulatory assessment for the proposed rule.  The proposed rule will be published at a later date.

Baseline - A regulatory action is compared to a baseline to evaluate the impacts of the rule.  The baseline is a reasonable forecast of what would happen in the absence of the regulatory action.  Although specific accessibility guidelines for passenger vessels currently do not exist, newly constructed vessels provide some level of accessibility.  As discussed below, the Board plans to conduct case studies of various types of passenger vessels to determine current practices and develop a baseline.

Case studies - The case studies will include a representative sample of passenger vessels that are permitted to carry more than 150 passengers or more than 49 overnight passengers.  Data on passenger vessels constructed since 1997 that meet these criteria are summarized below.  Data for the time period 1997 to 2003 was primarily provided by the U.S. Coast Guard and is based on build dates.  Data for 2004 came from the U.S. shipyards contracts list on the website of Marine Log (www.marinelog.com) and the Winter 2004 newsletter from the International Council of Cruise Lines (www.iccl.org), and is based on delivery dates. 

Summary of New Construction Vessel Data

Type

1997

1998

1999

2000

2001

2002

2003

2004*

Total

Large Cruise

6

15

10

6

7

16

10

8

78

Ferry

7

5

2

4

6

4

9

37

General

7

9

9

6

3

2

36

Gaming

4

2

2

1

2

11

Excursion/Tour

1

3

1

1

6

Unspecified

1

3

1

5

Harbor Cruise

1

1

2

River Cruise

1

1

2

Coastal Cruise

1

1

Ocean Cruise

1

1

2

Dive

1

1

* estimated                         

Based on the above data, the Board proposes to conduct case studies of the following types of passenger vessels.  Because of the variety within the ferry type, four different types of ferries are proposed for the case studies.  Although only one coastal cruise vessel was constructed since 1997, this vessel type is included because the guidelines will have impacts on passenger guest rooms.  No gaming vessels were included because the issues present in them are expected to be present in the other vessels of the case studies.

Type

Total Constructed 1997 - 2004

Proposed Case Studies

Large Cruise

78

• Large cruise ship, 10+ passenger decks, 2,000+ passengers

Ferry

37

• Large fast vehicle ferry, 25 knots, 200+ passengers, 20+ vehicles

• Large vehicle ferry, 10+ knots, 1,000+ passengers, 60+ vehicles

• Small vehicle ferry, 10+ knots, 150+ passengers, 20+ vehicles

• Fast passenger-only ferry, 25+ knots, 150+ passengers

General

36

Large harbor dinner/sightseeing vessel, 3+ decks, 400+ passengers

• Small harbor dinner/sightseeing vessel, 2+ decks, 150 to 400 passengers

Excursion/Tour

6

• Offshore excursion vessel, 2+ decks, 150+ passengers

Coastal Cruise

1

• Small overnight passenger vessel, 2+ decks, 50 to 150 passengers

Question 1.  Are the passenger vessels proposed for the case studies representative of the types which may be constructed in the future or should other vessel types be included in the case studies?

Potential impacts - The case studies will evaluate the potential impacts of the sections of the proposed rule that are expected to add space or features or present design challenges for newly constructed passenger vessels.  The proposed rule will be based on the draft guidelines.  The Board may modify sections based on comments on the draft guidelines.

The following table lists all scoping sections from chapter 2.  The letter “Y” is used to indicate scoping sections that are expected to add space or features or present design challenges for newly constructed passenger vessels.  The letter “N” is used to indicate scoping sections that are not expected to add space or features or present a design challenge.  For chapters 3 through 10, only the technical sections that are expected to add space or features or present design challenges for newly constructed passenger vessels are included in the table and are marked with the letter “Y.” In addition to evaluating the sections indicated in the table, the following issues will also be evaluated in the case studies.  First, the impact of the guidelines on the electrical power supply of the vessels, and any related changes needed in the vessels to support an increase in generating capacity will be evaluated.  Applicable sections contributing to such an impact include V206.2.1 (onboard accessible route between decks), V207.3 (elevators), V215 (emergency alarm systems), V216.4.2.1 (exit sign illumination), V404.3.2 (emergency power for automatic doors and gates serving an accessible means of escape), V409.5 (power operated doors or gates on platform lifts), V410.3 (emergency power for elevators considered part of an accessible means of escape), V410.4 (emergency power for platform lifts considered part of an accessible means of escape), and V411.6 (two-way communication systems in areas of temporary refuge).

Secondly, the case studies will evaluate the impact of the guidelines on doors which are required to have coamings.  Accessible routes required by V206 and accessible means of escape required by V207 may connect or go through doors required to have coamings.  These doors must comply with V404.2 which sets out three configurations of access.  Lastly, the cases studies will evaluate the impact of the guidelines on the weight, speed, and stability of the vessels.

Question 2.  The Board is interested in receiving comments from designers, shipyards, and operators regarding the potential impacts of the scoping and technical provisions on newly constructed passenger vessels.  Will any scoping or technical provisions that are marked with the letter “N” in the table below have potential impacts that should be evaluated in the case studies?  Please provide specific information about current design practices and how the scoping or technical sections would impact the design.  Similar information is also sought for sections marked with the letter “Y.”

Draft PVAG Section

Adds Space  or Feature to Vessel or Presents Design Challenge

Comments

Scoping Provisions

V201 Application

See subsections below

V201.4 Passenger Amenities

Y

Not an issue for large cruise ships

In other vessels, the “one of each type” requirement may require vertical access in some vessels exempted under V206.2.1

In other vessels, open deck areas may be required on entry decks where such open areas are normally provided only on upper decks

V202 Existing Passenger Vessels

See discussion at end of this document regarding alterations to existing passenger vessels

V203 General Exceptions  

N

 
V204 Protruding Objects

N

V205 Operable Parts

N

V206 Onboard Accessible Routes

See subsections below

V206.2.1 Multi-Deck Passenger Vessels (between deck access) Y Not an issue for large cruise ships because vertical access is already provided to each passenger deck

In other vessels vertical access may be required where none would be provided

V206.2.2 Spaces and Elements
(within deck access)
N
V206.2.3 Restaurants and Cafeterias N
V206.2.4 Performance Areas Y Due to the direct accessible route requirement the size of some assembly areas may increase or a reduction in the number of seats provided may result
V206.2.5 Bowling Lanes N
V206.2.6 Court Sports N
V206.2.7 Exercise Machines and Equipment Y The accessible route connection requirement may cause the size of exercise rooms to be increased or reduce the number of exercise machines and equipment provided

See V1002.1 below

V206.2.8 Miniature Golf Y Due to accessible route requirement more space may be required than is normally provided
V206.2.9 Play Areas N
V206.3 Location Y The 300-foot rule may require more vertical access depending on where passenger stairs are located or trigger a reduction in stairs which may be used by passengers in non-emergency conditions
V206.4 Entry Points Y More entry points may be required to be connected to an onboard accessible route
V206.5 Doors N
V206.6 Elevators Y See V407 below
V206.7 Platform Lifts Y See V409 below
V206.8 Security Barriers N
V207 Accessible Means of Escape See subsections below
V207.2 Number Required Y Section V206 may only require one accessible route to connect a space, but V207.2 may require two accessible means of escape away from the space

More stairs may have to comply with V502

See V410 and V502 below

V207.3 Elevators Y See V407 and V410 below
V208 Passenger Vessel Boarding Y May require more elaborate boarding systems than currently provided

See V412 and V413 below

V209 Stairways Y Not an issue for large cruise ships because V209 will seldom apply (see also V207 and V410)

See V502 below

V210 Rinsing Showers Y See V608 below
V211 Drinking Fountains N
V212 Sinks, Kitchens, Kitchenettes, and Wet Bars N
V213 Toilet and Bathing Facilities Y All public toilet rooms in newly constructed large cruise ships must be accessible instead of having an inaccessible men's and women's room and an adjacent accessible unisex single user toilet room

For some high speed ferries with clustered single-user toilet facilities, the 50% requirement in exception 4 of V213.2 may either cause a reduction in the number of toilet rooms provided or may take space used for some other purpose

V213.3.1 requires ambulatory accessible water toilet compartments (stalls) that may not be provided under current practices

See V604 below

V214 Laundry Equipment N
V215 Emergency Alarm Systems Y Visual alarms may not be provided in public spaces (including exterior spaces) which are served by audible emergency alarms
V216 Signs N
V217 Telephones Y Public telephones, where provided, will need a TTY
V218 Two-Way Communication 
Systems
N
V219 Assistive Listening Systems Y ALS may not be provided in all assembly and public seating areas with audio amplification systems

May be a problem for exterior applications

V220 Automatic Teller Machines 
and Fare Machines
Y
V221 Assembly Areas and Public Seating Areas Y Scoping and dispersal provisions may require assembly areas and public seating areas to be increased in size or cause a reduction in the number of seats provided
V222 Dressing, Fitting, and Locker 
Rooms
Y
V223 Medical Care Facility Patient 
Sleeping Rooms
Y Only an issue for large cruise ships because patient sleeping rooms are not generally provided on other vessels

See V604 concerning patient toilet and bathing rooms in medical care facilities

V224 Passenger Guest Rooms Y For guest rooms required to comply with V806.2:

Alternative designs may be needed to address high sills provided at doors to balconies in large cruise ships

See V604 and V608 concerning bathing rooms

See V806 regarding connector doors

V225 Storage N
V226 Dining Surfaces and Work 
Surfaces
N
V227 Sales and Service N
V228 Depositories, Vending 
Machines, and Mail Boxes
N
V229 Windows Y Not an issue for large cruise ships because passenger operated windows are not generally provided on such vessels

Current marine window controls may not comply with V309

V230 Detention Facilities

N
V231 Exercise Machines and 
Equipment
Y See V1002 below

V232 Miniature Golf

N

V233 Play Areas

N
V234 Saunas and Steam Rooms N

V235 Swimming Pools, Wading

Pools, and Spas

Y Only an issue for large cruise ships because such features are not generally provided on other vessels

V235.2 would require pool lifts or sloped entries to most swimming pools on large cruise ships which is generally not done under current practices

See V1005.2 and V1005.3 below

V236 Shooting Facilities N
Technical Provisions
V407 Elevators Y V407.4 may require elevator cars to be larger than currently provided in large cruise ships

V407.4.9 requires emergency communication systems which may not be currently provided

V409 Platform Lifts
 
Y V409.1 requires that platform lifts provide unassisted entry and exit and not be attendant-operated; these requirements may be different from current practices

V409.5 may require more doors and gates on platform lifts to be power-operated

V409.6 may require more handrails in platform lifts to comply with V503

V410 Accessible Means of Escape Y V410.1 which references V404.3.2 requires clearances at automatic doors (without emergency power) that serve an accessible means of escape

V410.2 may require exit stairs to have larger landings to contain the areas of temporary refuge and exit stairs may have to comply with V502

V410.3 requires evacuation elevators complying with Section 211 of ASME/A17.1; evacuation elevators may not be currently provided

V412 Passenger Boarding Systems Y Alternatives to gangway systems may not be commercially available

See V413 below

V413 Gangways

Y Under 413.2 Exception 3, lengthy vessel carried gangways may not be practical for some vessels

V502 Stairs

Y May require more space to contain complying stairs

Stairs need closed risers which may not be provided under current practices

V604 Water Closets and Toilet
Compartments
Y V604.3 does not allow lavatories to overlap clearances required around water closets (Note: V603.2.3 in the exception modifies the door swing requirement which reduces the overall impact of the toilet and bathroom technical requirements in chapter 6)

V604.5 may require a different grab bar configuration than currently provided in large cruise ships

V604.8.1.4 may require more toe clearance or an increased size for wheelchair accessible compartments

V604.8.2.1 may require an increase in size of ambulatory toilet compartments

V608 Shower Compartments and
Rinsing Showers
Y V608.2 may require larger shower compartments in smaller overnight passenger vessels

V608.2.4 may require more space for rinsing showers

V608.3.4 may require different grab bar configurations for rinsing showers

V608.6 requires the shower spray unit to have an on/off control with a non-positive shut-off (variable flow) which may not be provided under current practices

V806 Passenger Guest Rooms Y  V806.2.4.1 requires vanity counter top space to be provided in bathing rooms of some guestrooms with mobility features; this provision may require an increase in room size

V806.2.7 may increase the size of adjacent guest rooms to have a door complying with V404 or lead to connector doors not currently provided

V1002 Exercise Machines and 
Equipment

Y

Clear deck space requirement at accessible exercise machines and equipment may require an increase in room size or cause a reduction in the number of machines provided
V1005 Swimming Pools, Wading 
Pools, and Spas

Y

V1005.2.1 and V1005.2.8 would require reconfiguration of pool layouts to allow the seats on pool lifts to submerge to the depth of 18 inches and ensure the seats are not located where the water is greater than 48 inches deep

V1005.3 requires sloped entries to extend to a depth of 24 inches minimum which may impact pool layouts and space needs

Aggregate costs - The regulatory assessment will aggregate the costs of the proposed rule for passenger vessels projected to be constructed in the future.

Question 3.  What methods should be used to project the number of passenger vessels which will be constructed in the future that will be permitted to carry more than 150 passenger or more than 49 overnight passengers? One method is to use the average number of each type of passenger vessel constructed between 1997 and 2004.  Another method is to use the number of existing passenger vessels and to assume that vessels will be replaced after an average vessel service life.  For example, if the average vessel service life is 40 years, it could be assumed that 2.5 percent of the existing vessels would be replaced each year.  This method assumes that there is no net increase or decrease in the total number of passenger vessels.  Is this a realistic assumption?  What is the average service life for various types of vessels?  Are there other methods or data sources that should be used to project the number of passenger vessels to be constructed in the future?

Alterations - The guidelines also apply to existing passenger vessels when they are altered.  When an alteration to a passenger vessel is conducted, section V202 requires accessibility improvements to be made to the maximum extent feasible based on the degree of alteration performed.  In general, altered elements and spaces are required to comply with new construction requirements unless an exception has modified the new construction requirement. Question 4.  The Board seeks comment on whether certain elements or spaces on existing passenger vessels are altered on a regular schedule?  How frequently are the elements or spaces altered?  Are certain elements and spaces on existing passenger vessels more likely to be altered than others?  What are the conditions or events that would trigger alterations to the elements or spaces?  Do industry or governmental organizations track alterations done to existing passenger vessels?  If this information is not available, how should the Board estimate the impact of proposed rule on alterations to existing passenger vessels?

Existing vessels that are not altered - The guidelines apply only to newly constructed and altered passenger vessels.  Other ADA requirements such as readily achievable barrier removal and program accessibility may require that accessibility improvements be performed in existing passenger vessels that are not altered.  The Department of Justice and Department of Transportation are responsible for issuing regulations for the other ADA requirements and will evaluate the impacts of those requirements on existing non-altered passenger vessels when they adopt standards for the accessible design of passenger vessels.