36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. The proposed rule contained a requirement that where elevators or wheelchair lifts are provided on an accessible route to wheelchair spaces or designated aisle seats, they shall be provided in "such number, capacity, and speed" in order to provide a level of service equivalent to that provided in the same seating area to patrons who can use stairs or other means of vertical access (221.5 in the proposed rule). This requirement was included to ensure an equal level of convenience between accessible seating and inaccessible seating in terms of travel between the entry gate and seats or between the seats and concession stands. Most commenters did not support this requirement, and considered it unenforceable and confusing. Some commenters misunderstood the intent of this provision and thought it pertained specifically to egress routes.

Response. The Board has removed the requirement concerning the number, capacity, and speed of elevators and wheelchair lifts in providing an equivalent level of service.