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

In the proposed rule, the Board posed several questions concerning the requirements for the dispersion of wheelchair spaces (which were located in section 802.6). These requirements have been revised and relocated to the scoping section for wheelchair spaces at section 221. As discussed above, the Board has clarified the intent of the proposed rule in calling for a choice in viewing angles comparable to that provided other spectators. In addition, the Board removed a criterion for dispersion based on a comparable choice in admission prices. In the final rule, it is required that wheelchair spaces be dispersed so that persons using them have "choices of seating locations and viewing angles that are substantially equivalent to, or better than, the choices of seating locations and viewing angles available to all other spectators" (221.2.3). Like the proposed rule, specifications are provided for horizontal (side to side) and vertical (front to back) dispersion. Wheelchair spaces must be located at "varying distances from the screen, performance area, or playing field" to achieve effective vertical dispersion. Exceptions from the requirements for horizontal and vertical dispersion requirements are provided for assembly areas with 300 seats or fewer.