83 FR 29744 - Proposed Information Collection; Comment Request; Wheelchair Seat Height Survey

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range		29744-29745
FR Document		2018-13625

The Architectural and Transportation Barriers Compliance Board (Access Board or Board), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the public and other Federal agencies to comment on a proposed, new information collection, as required by the Paperwork Reduction Act of 1995 (PRA). With this notice, the Access Board solicits comments on its proposal to survey adult wheelchair users to gather data on their wheelchair seat heights and related demographics. Following review of comments received in response to this 60-day notice, the Access Board intends to submit a request to the Office of Management and Budget for approval of this information collection.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29744-29745]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-13625]

[[Page 29744]]

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

[Docket No. ATBCB-2012-0003]
RIN 3014-AA40

Proposed Information Collection; Comment Request; Wheelchair Seat
Height Survey

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice and request for comments.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board or Board), as part of its continuing efforts to reduce
public burden and maximize the utility of government information,
invites the public and other Federal agencies to comment on a proposed,
new information collection, as required by the Paperwork Reduction Act
of 1995 (PRA). With this notice, the Access Board solicits comments on
its proposal to survey adult wheelchair users to gather data on their
wheelchair seat heights and related demographics. Following review of
comments received in response to this 60-day notice, the Access Board
intends to submit a request to the Office of Management and Budget for
approval of this information collection.

DATES: Submit Comments by August 27, 2018.

ADDRESSES: You may submit comments by any one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: board.gov">marshall@access-board.gov. Include docket number
ATBCB-2012-0003 in the subject line of the message.
Fax: 202-272-0081.
Mail or Hand Deliver/Courier: Wendy Marshall, Office of
General Counsel, U.S. Access Board, 1331 F Street NW, Suite 1000,
Washington, DC 20004-1111.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
notice. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Docket: To review submitted comments or other materials in the
docket, go to http://www.regulations.gov, insert docket number ``ATBCB-
2012-0003'' into the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Wendy Marshall, Attorney Advisor, U.S.
Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111.
Telephone: (202) 272-0043; Email address: board.gov">marshall@access-board.gov.

SUPPLEMENTARY INFORMATION: Under the PRA and its implementing
regulations, Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each ``collection of information'' they
conduct or sponsor. See 44 U.S.C. 3501-3520; 5 CFR part 1320.
``Collection of Information,'' within the meaning of the PRA, includes
agency-sponsored surveys that pose identical questions to ten or more
persons, regardless of whether responses are mandatory or voluntary.
See 44 U.S.C. 3502(3); see also 5 CFR 1320.3(c). Before seeking
clearance from OMB, agencies are generally required to, among other
things, publish a 60-day notice in the Federal Register concerning any
proposed information collection and provide an opportunity for comment.
See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1). Accordingly, the
Access Board is publishing notice of the proposed PRA-covered
information collection discussed below.

A. Background: Access Board Final Rule Establishing Accessibility
Standards for Medical Diagnostic Equipment

In January 2017, the Access Board issued a final rule that
established accessibility standards for medical diagnostic equipment
(MDE) used by health care providers--such as, examination tables,
examination chairs, weight scales, mammography equipment, and other
imaging equipment--to ensure that such equipment is accessible to, and
usable by, persons with disabilities. 82 FR 2810. See Final Rule--
Standards for Accessible Medical Diagnostic Equipment, 82 FR 2810 (Jan.
9, 2017) (codified at 36 CFR part 1195) (hereafter, ``MDE Standards'').
Among other things, the MDE Standards establish accessibility
criteria relating to the height and adjustability of transfer surfaces
on medical diagnostic equipment. Diagnostic equipment used by patients
in supine, prone, side-lying or seated positions generally must have
height-adjustable transfer surfaces with at least six specified
positions: A low transfer height position (at 17-19 inches), A high
transfer height position (at 25 inches), and four intermediate
positions (separated by at least 1 inch). See 36 CFR 1195.1, Appendix,
M301.2, M302.1. Height adjustability is critical for diagnostic
equipment because research studies have shown that level (or near-
level) transfer--that is, transfer to/from a wheeled mobility device to
a surface that is at or near the same level vertically as the seat/seat
cushion of that device--are easiest and require less exertion compared
with ``uphill'' or ``downhill'' transfers. Specification of a height-
adjustable range for transfer surfaces in the MDE Standards thus
facilitates independent and semi-independent transfer to and from
medical diagnostic equipment by patients with disabilities, enhances
patient safety, and reduces the risk of injury for medical staff and
caregivers.
Notably, as stated in the preamble to the final rule, the 17-to-19-
inch height range for the low transfer height position is intended to
be an interim standard only. See Final Rule, 82 FR at 2816 & 2831. The
Access Board established an interim height-range specification for the
low transfer position--as compared to a height-specific standard such
as that specified for the high transfer height position--due to
divergent views expressed by commenters (including disability
advocates, academics, medical equipment manufacturers) concerning the
appropriate minimum height for the low transfer position for medical
diagnostic equipment. Id. at 2814-16 & 2831. Several academics and
disability advocates opined that a 17-inch low height would provide the
greatest number of individuals the opportunity to transfer
independently. Id. at 2814-15. Manufacturers of medical diagnostic
equipment, on the other hand, expressed a strong preference for a 19-
inch low height because this transfer height was viewed as cost
effective and consistent with the Board's other existing accessibility
guidelines. Id. The advisory committee empaneled by the Access Board to
provide recommendations for final MDE Standards also failed to reach
consensus on a recommendation for a specific low transfer height. Id.
at 2815-16.
Therefore, in the final rule, the Access Board declined to specify
a single minimum-low-height requirement in the MDE Standards,
explaining that ``there is insufficient data on the extent to which and
how many individuals would benefit from a transfer height lower than 19
inches.'' Id. at 2816. Consequently, the MDE Standards specify a 17-to-
19-inch height range as a ``temporary solution'' for the low height
transfer position, with this height-range specification ``sunsetting''
five years after publication of the final rule (i.e., January 2022).
Id. at 2816 &

[[Page 29745]]

2831. We also noted, at that time, our intent to use this intervening
period to commission research studies or otherwise garner additional
information aimed at better elucidating the number of wheelchair users
for whom a transfer surface positioned at a height less than 19 inches
would likely provide improved access relative to higher transfer
surfaces. Id. Informed by this additional information, the Access Board
intends to initiate rulemaking--before the end of the sunset period--to
revise the existing provisions in the MDE Standards that specify
minimum height ranges for the low transfer position on medical
diagnostic equipment. Id.

B. Wheelchair Seat Height Survey

The Access Board is authorized under section 510 of the
Rehabilitation Act to develop (and periodically revise, as needed)
minimum technical criteria for accessible medical diagnostic equipment
used in healthcare settings. See 29 U.S.C. 794f. More generally,
section 502 of the Rehabilitation Act also tasks the agency with
promoting accessibility throughout society, as well as investigating
and examining alternative approaches to various types of barriers
confronting Americans with disabilities. Id. Sec. Sec. 792(b)(4) &
(b)(5).
In keeping with its statutory responsibilities under the
Rehabilitation Act, the Access Board intends to conduct a national
survey of adult wheelchair users to gather data on the seat height of
their respective wheelchairs, as well as related demographic
information. Data from this survey will be used to help inform the
Board's subsequent rulemaking to update the MDE Standards through
establishment of a minimum low transfer height position for medical
diagnostic equipment. Additionally, the data and other information
garnered from this survey will give the agency a better understanding
of the adult, wheelchair-using population in the United States, and,
thereby, aid our efforts to promote accessibility throughout American
society and provide leadership in accessible design. To our knowledge,
no published research or statistical compilations exist that examine
adult wheelchair users' respective seat heights on a nationally-
representative basis. The Access Board's wheelchair seat height survey
aims to address this knowledge and statistical gap.
The Access Board has contracted with the Center for Inclusive
Design and Environmental Access (IDeA Center) at the State University
of New York at Buffalo to administer this wheelchair seat height survey
and analyze the resulting data. The survey instrument is designed to
capture the compressed seat height of each respondent's wheelchair, as
well as basic demographic information about each respondent (e.g., age,
gender, geographic location, wheelchair type, nature of disability).
The IDeA Center will use the results from this survey to, among other
things, complete a cross-sectional study designed to estimate the
prevalence of wheelchair users in the United States with seat heights
below 19 inches.
The survey instrument will be distributed primarily via electronic
mail, with an embedded link to a web-based survey. (Email and/or
regular mail will be used to follow-up with individuals who have not
completed the survey.) Targeted field studies may also be employed, as
needed, to supplement the pool of survey respondents. Electronic
invitations to participate in the survey will be sent to approximately
20,000 self-identified wheelchair users around the country using email
addresses from a commercial database. Participation in the survey will
be completely voluntary, and individuals may complete the survey at
their own convenience. All survey responses will be anonymous.

C. Burden Estimates

The Access Board estimates that it will take respondents
approximately 15 minutes to complete the brief, one-time survey
instrument. This estimate includes the needed for reviewing survey
instructions, locating a measuring device and helper/assistant,
measuring seat height, and completing the survey instrument. We project
that about 2,000 individuals will submit responses to this survey.
Total estimated annual burden hours for this survey is, therefore, 500
hours (.25 hours x 2,000).

D. Request for Comments

The Access Board seeks comment on any aspect of its proposed
wheelchair seat height survey, including: (a) The necessity of this
survey to the Access Board's performance; (b) the accuracy of our
burden estimates; (c) methods of minimizing this burden without
reducing the quality of the collected data; and (d) suggestions to
enhance the quality, utility, or clarity of the survey instrument. All
relevant comments submitted to the Access Board will be summarized and
included in our request for OMB approval of this information
collection, as required under the PRA.

David M. Capozzi,
Executive Director.
[FR Doc. 2018-13625 Filed 6-25-18; 8:45 am]
BILLING CODE 8150-01-P

Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29745

2831. We also noted, at that time, our seat height survey and analyze the information collection, as required
intent to use this intervening period to resulting data. The survey instrument is under the PRA.
commission research studies or designed to capture the compressed seat David M. Capozzi,
otherwise garner additional information height of each respondent’s wheelchair,
aimed at better elucidating the number Executive Director.
as well as basic demographic
of wheelchair users for whom a transfer [FR Doc. 2018–13625 Filed 6–25–18; 8:45 am]
information about each respondent (e.g.,
surface positioned at a height less than age, gender, geographic location, BILLING CODE 8150–01–P
19 inches would likely provide wheelchair type, nature of disability).
improved access relative to higher The IDeA Center will use the results
transfer surfaces. Id. Informed by this from this survey to, among other things,
CHEMICAL SAFETY AND HAZARD
additional information, the Access INVESTIGATION BOARD
complete a cross-sectional study
Board intends to initiate rulemaking—
before the end of the sunset period—to designed to estimate the prevalence of Sunshine Act Meeting
revise the existing provisions in the wheelchair users in the United States
MDE Standards that specify minimum with seat heights below 19 inches. TIME AND DATE: July 11, 2018, 1:00 p.m.
height ranges for the low transfer The survey instrument will be EDT.
position on medical diagnostic distributed primarily via electronic PLACE: U.S. Chemical Safety Board,
equipment. Id. mail, with an embedded link to a web- 1750 Pennsylvania Ave. NW, Suite 910,
based survey. (Email and/or regular mail Washington, DC 20006.
B. Wheelchair Seat Height Survey
will be used to follow-up with STATUS: Open to the public.
The Access Board is authorized under individuals who have not completed the MATTERS TO BE CONSIDERED: The
section 510 of the Rehabilitation Act to Chemical Safety and Hazard
survey.) Targeted field studies may also
develop (and periodically revise, as Investigation Board (CSB) will convene
be employed, as needed, to supplement
needed) minimum technical criteria for a public meeting on Wednesday, July
accessible medical diagnostic the pool of survey respondents.
Electronic invitations to participate in 11, 2018 at 1:00 p.m. EDT in
equipment used in healthcare settings.
the survey will be sent to approximately Washington, DC, at the CSB offices
See 29 U.S.C. 794f. More generally,
20,000 self-identified wheelchair users located at 1750 Pennsylvania Avenue
section 502 of the Rehabilitation Act
around the country using email NW, Suite 910. The Board will discuss
also tasks the agency with promoting
addresses from a commercial database. open investigations, the status of audits
accessibility throughout society, as well
Participation in the survey will be from the Office of the Inspector General,
as investigating and examining
completely voluntary, and individuals financial and organizational updates,
alternative approaches to various types
may complete the survey at their own and a review of the agency’s action plan.
of barriers confronting Americans with
New business will include the release of
disabilities. Id. §§ 792(b)(4) & (b)(5). convenience. All survey responses will
In keeping with its statutory the 2018–2021 Human Capital Plan.
be anonymous.
responsibilities under the Rehabilitation Additional Information
Act, the Access Board intends to C. Burden Estimates
The meeting is free and open to the
conduct a national survey of adult
The Access Board estimates that it public. If you require a translator or
wheelchair users to gather data on the
will take respondents approximately 15 interpreter, please notify the individual
seat height of their respective
wheelchairs, as well as related minutes to complete the brief, one-time listed below as the CONTACT PERSON FOR
survey instrument. This estimate FURTHER INFORMATION, at least three
demographic information. Data from
this survey will be used to help inform includes the needed for reviewing business days prior to the meeting.
the Board’s subsequent rulemaking to survey instructions, locating a A conference call line will be
update the MDE Standards through measuring device and helper/assistant, provided for those who cannot attend in
establishment of a minimum low measuring seat height, and completing person. Please use the following dial-in
transfer height position for medical the survey instrument. We project that number to join the conference:
diagnostic equipment. Additionally, the about 2,000 individuals will submit Dial-In: (888) 862–6557
data and other information garnered responses to this survey. Total estimated Confirmation Number: 47179969
from this survey will give the agency a annual burden hours for this survey is, The CSB is an independent federal
better understanding of the adult, therefore, 500 hours (.25 hours × 2,000). agency charged with investigating
wheelchair-using population in the incidents and hazards that result, or
United States, and, thereby, aid our D. Request for Comments may result, in the catastrophic release of
efforts to promote accessibility The Access Board seeks comment on extremely hazardous substances. The
throughout American society and any aspect of its proposed wheelchair agency’s Board Members are appointed
provide leadership in accessible design. seat height survey, including: (a) The by the President and confirmed by the
To our knowledge, no published Senate. CSB investigations look into all
necessity of this survey to the Access
research or statistical compilations exist aspects of chemical accidents and
Board’s performance; (b) the accuracy of
that examine adult wheelchair users’ hazards, including physical causes such
respective seat heights on a nationally- our burden estimates; (c) methods of as equipment failure as well as
representative basis. The Access Board’s minimizing this burden without inadequacies in regulations, industry
reducing the quality of the collected
sradovich on DSK3GMQ082PROD with NOTICES

wheelchair seat height survey aims to standards, and safety management
address this knowledge and statistical data; and (d) suggestions to enhance the systems.
gap. quality, utility, or clarity of the survey
The Access Board has contracted with instrument. All relevant comments Public Comment
the Center for Inclusive Design and submitted to the Access Board will be The time provided for public
Environmental Access (IDeA Center) at summarized and included in our statements will depend upon the
the State University of New York at request for OMB approval of this number of people who wish to speak.
Buffalo to administer this wheelchair Speakers should assume that their

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Document Created: 2018-06-26 00:52:36
Document Modified: 2018-06-26 00:52:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Submit Comments by August 27, 2018.
Contact		Wendy Marshall, Attorney Advisor, U.S. Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111.
FR Citation		83 FR 29744
RIN Number		3014-AA40