Americans With Disabilities Act and Architectural Barriers Act Accessibility Guidelines; EV Charging Stations, 71215-71229 [2024-18820]

Agencies

• Architectural and Transportation Barriers Compliance Board

[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Proposed Rules]
[Pages 71215-71229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18820]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. ATBCB-2024-0001]
RIN 3014-AA48


Americans With Disabilities Act and Architectural Barriers Act 
Accessibility Guidelines; EV Charging Stations

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(hereafter, ``Access Board'' or ``Board''), is issuing this notice of 
proposed rulemaking to amend the accessibility guidelines for buildings 
and facilities covered by the Americans with Disabilities Act of 1990 
(ADA) and the Architectural Barriers Act of 1968 (ABA) to specifically 
address the accessibility of Electric Vehicle Charging stations. This 
proposed rule provides specifications for the accessibility of EV 
charging stations, to include the EV charger (including physical and 
communication access), EV charging space, access aisles, and accessible 
routes.

DATES: Send comments on or before November 4, 2024.

ADDRESSES: You may submit comments, identified by docket number ATBCB-
2024-0001, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: board.gov">docket@access-board.gov. Include docket number 
ATBCB-2024-0001 in the subject line of the message.
     Mail: Office of General Counsel, U.S. Access Board, 1331 F 
Street NW, Suite 1000, Washington, DC 20004-1111.
    Instructions: All submissions must include the docket number 
(ATBCB-2023-0001) for this regulatory action. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov/docket/ATBCB-2024-0001.

FOR FURTHER INFORMATION CONTACT: Accessibility Specialist Juliet 
Shoultz, (202) 272-0045, board.gov">shoultz@access-board.gov; or Attorney Advisor 
Wendy Marshall, (202) 272-0043, board.gov">marshall@access-board.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Access Board is proposing to revise and update its 
accessibility guidelines at 36 CFR 1191 for buildings and facilities 
covered by the Americans with Disabilities Act of 1990 (ADA) and the 
Architectural Barriers Act of 1968 (ABA) to address the accessibility 
of EV charging stations covered by the ADA, as well as EV charging 
stations owned or managed by or on behalf of the federal government. 
These guidelines cover new construction and alterations and serve as 
the basis for enforceable standards once adopted by other Federal 
agencies. The ADA applies to places of public accommodation, commercial 
facilities and State and local government facilities. The ABA covers 
facilities designed, built, altered with Federal funds or leased by 
Federal agencies. The purpose of this proposed rule is to set minimum 
guidelines to ensure that EV charging stations are readily accessible 
to and usable by persons with disabilities, including both physical 
access to the EV charging station and access to the interface to 
operate and pay for the charging session. As electric vehicles become 
more numerous, and with the current effort to increase the number of EV 
charging stations across the United States, it is imperative that these 
EV charging stations are accessible to and usable by people with 
disabilities.
    Key accessible features addressed in this proposed rule for EV 
charging stations include: scoping (including minimum number of 
accessible EV charging spaces at each EV charging station); accessible 
routes; mobility features of the EV charger; operable parts; 
accessibility of the EV charging

[[Page 71216]]

space; signage; and communication elements and features.
    These guidelines, once adopted by the enforcement authorities, will 
require all new construction of EV charging stations to be fully 
compliant with the technical specifications for accessibility. Existing 
EV charging stations will need to be made compliant as they are altered 
in the future, to the maximum extent feasible if existing physical 
constraints prevent full compliance.

II. Legal Authority

    The Americans with Disabilities Act (ADA) of 1990 charges the 
Access Board with developing and maintaining minimum guidelines to 
ensure the accessibility and usability of the built environment in new 
construction, alterations, and additions. See 42 U.S.C. 12101 et seq.; 
see also 29 U.S.C. 792(b)(3)(B) & (b)(10). The Access Board's ADA 
Accessibility Guidelines (ADAAG) address buildings and facilities 
covered under Title II of the ADA (state and local government 
facilities) and Title III of the ADA (places of public accommodation 
and commercial facilities). The ADAAG serve as the basis for legally 
enforceable accessibility standards issued by the Department of Justice 
(DOJ) and the Department of Transportation (DOT), the federal entities 
responsible for implementing and enforcing the ADA's non-discrimination 
provisions related to buildings and facilities in new construction, 
alterations, and additions.
    The Access Board has a similar responsibility under the 
Architectural Barriers Act (ABA) of 1968, which requires that buildings 
and facilities designed, built, or altered with certain federal funds 
or leased by federal agencies be accessible to people with 
disabilities. See 42 U.S.C. 4151 et seq. The ABA charges the Access 
Board with developing and maintaining minimum guidelines for covered 
buildings and facilities. The Board's ABA Accessibility Guidelines 
(ABAAG) serve as the basis for enforceable standards issued by four 
standard-setting agencies: the Department of Defense, the General 
Services Administration, the Department of Housing and Urban 
Development, and the U.S. Postal Service.
    Under both the ADA and the ABA, the Access Board maintains these 
accessibility guidelines, which includes updating the current 
requirements and addressing new technology as it is developed.

III. Need for Accessibility Guidelines for EV Charging Stations

    Electric Vehicle (EV) charging stations are becoming commonplace 
with the rising production and use of electric and plug-in hybrid 
vehicles. According to the U.S. Department of Energy, there are nearly 
50,000 public EV charging stations with almost 127,000 charging ports 
across the country. Additionally, on November 15, 2021, President Biden 
signed the Infrastructure Investment and Jobs Act (P. L. 117-58) 
(commonly referred to as the ``Bipartisan Infrastructure Law''), which 
contains significant new funding for EV charging stations. Key new U.S. 
Department of Transportation (USDOT) programs established by this 
legislation include the National Electric Vehicle (NEVI) Formula 
Program ($5 billion) and the Discretionary Grant Program for Charging 
and Fueling Infrastructure ($2.5 billion). The law also makes the 
installation of EV charging infrastructure an eligible expense under 
the USDOT Surface Transportation Block Grant formula program.
    The Bipartisan Infrastructure Law supports national goals of 
building a network of greater than 500,000 electric vehicle chargers in 
the U.S. and ensuring that EVs make up at least 50% of new car sales by 
2030. See Fact Sheet: Biden-Harris Administration Announces New 
Standards and Major Progress for a Made-in-America National Network of 
Electric Vehicle Chargers, available at https://www.whitehouse.gov/briefing-room/statements-releases/2023/02/15/fact-sheet-biden-harris-administration-announces-new-standards-and-major-progress-for-a-made-in-america-national-network-of-electric-vehicle-chargers/ (last 
accessed, January 4, 2024). Additionally, California's Air Resources 
Board has approved the Advanced Clean Cars II rule, which requires that 
100% of new cars and light trucks sold in California be zero-emission 
vehicles by 2035. Cal. Code Regs tit. 13 Sec.  1900, et. seq. (2023).
    With the new funding for the installation of EV charging stations, 
USDOT approached the Access Board to provide guidance on how to design 
and install accessible EV charging stations in accordance with the ADA 
and ABA. On July 21, 2022, the Access Board issued a technical 
assistance document, Design Recommendations for Accessible Electric 
Vehicle Charging Stations, to assist with the design and construction 
of accessible EV charging stations. This document laid out the existing 
ADA, ABA, and Section 508 Standards that applied to EV charging 
stations and also provided recommendations for areas not covered by the 
current Standards. In this rulemaking, the Board intends to 
specifically address EV charging stations throughout the ADA and ABA 
Guidelines for buildings and sites to provide clear specifications that 
will ensure that EV charging stations are accessible to and usable by 
individuals with disabilities.
    The NEVI Standards and Requirements, which sets minimum standards 
and requirements for projects funded under the NEVI Formula Program and 
projects for the construction of publicly accessible EV chargers under 
certain statutory authority, specify that the ADA of 1990 and the 
implementing regulations apply to EV charging stations by prohibiting 
discrimination on the basis of disability by public and private 
entities. 23 CFR 680.118(c). The NEVI Standards and Requirements 
further specify that EV charging projects under NEVI and projects 
funded under Title 23 of the Code of Federal Regulations must comply 
with the applicable accessibility standards adopted by DOT into its ADA 
regulations (49 CFR part 37) in 2006, and by DOJ into its ADA 
regulations (28 CFR parts 35 and 36) in 2010. 23 CFR 680.118(c). 
Additionally, in the preamble to the NEVI final rule, FHWA recommended 
that EV charging stations be designed and constructed according to the 
Access Board's technical assistance document, Design Recommendations 
for Accessible Electric Vehicle Charging Stations, until the Board 
revises the ADAAG to specifically address EV charging stations. 88 FR 
12724,12750 (March 30, 2023).

IV. Organization of Rule Text/Approach

    The Access Board's ADA and ABA Accessibility Guidelines are 
promulgated in the Appendices of 36 CFR 1191. The regulation is broken 
down into scoping for the ADA (Appendix B), scoping for the ABA 
(Appendix C) and the technical provisions (Appendix D) which apply to 
both the ADA and the ABA. In this NPRM, the Board is proposing to add 
new provisions to address EV charging stations in both scoping sections 
for the ADA and the ABA, as well as in the technical provisions. The 
proposed provisions for the ADA and the ABA scoping sections are 
identical and will be discussed together below. Additionally, the Board 
will be proposing commensurate updates to Appendix A, which is the 
table of contents.
    The proposed specifications will address the accessibility of EV 
charging

[[Page 71217]]

stations, including: scoping (accessible routes, signs, and EV charging 
stations); EV chargers; EV charging spaces associated with the 
accessible EV charger; and communication elements and features.
    The Board has looked to its existing accessible parking 
requirements as a starting point in determining scoping for and the 
design of accessible EV charging spaces; however, the specifications 
for EV charging spaces warrant different treatment as there are 
significant differences between parking spaces and EV charging spaces, 
particularly concerning the space required for individuals who use 
mobility devices to operate EV chargers independently. These 
differences are discussed more fully in the section-by-section analysis 
that follows, and in the discussion of 507.2 specifically.

V. Section-by-Section Analysis

    In Chapter 1 and Chapter 2, the Board is proposing mirror 
provisions for the ADA and the ABA to provide scoping for the 
applicable technical provisions in Appendix D (Chapters 3 to 7).

A. Chapter 1: Application and Administration

105/F105 Referenced Standards
    TIA 1083-B, Telephone Terminal Equipment Handset Magnetic 
Measurement Procedures and Performance requirements would be 
incorporated by reference at 709.7.3. This standard defines measurement 
procedures and performance requirements for the handset generated audio 
band magnetic noise of wire line telephones, including handsets which 
might be integrated into an EV Charger. This standard is consistent 
with current telecommunications industry practice.
106/F106 Definitions
    This rule proposes to add seven new defined terms to 106 and F106 
to address the application of the guidelines to EV chargers. These 
definitions are consistent with current industry standards and are 
consistent with the definitions used by the Department of 
Transportation in its recent National Electric Vehicle Infrastructure 
Standards and Requirements Final Rule, 88 FR12724 (Feb. 28, 2023) 
(codified at 23 CFR part 680). The proposed definitions include 
charging port, connector, electric vehicle, EV charger, EV supply 
equipment, EV charging station, and EV charging space.

B. Chapter 2: Scoping Requirements

206/F206 Accessible Routes
    This rule proposes to add ``accessible EV charging spaces'' in both 
206.2.1 and F206.2.1 to the list of areas from which an accessible 
route must be provided within a site to the accessible building or 
facility entrance they serve. This provision currently requires such an 
accessible route from the accessible parking spaces, accessible 
passenger loading zones, public streets and sidewalks, and public 
transportation stops. For EV charging stations built as standalone 
stations, more akin to a gas station, which also provides a facility to 
buy snacks, use the restroom or a lounge to relax in, there must be an 
accessible route from the accessible EV charging space to the facility.
    The Board understands that many EV charging stations are being 
placed in existing parking lots. For example, an EV charging station 
that is put into the parking lot of a store would need to ensure that 
an accessible route is provided from the accessible EV charging space 
to the accessible entrance of the store. The Board notes that when EV 
charging stations are being placed in existing parking lots of malls, 
grocery stores, and department stores, they are often placed away from 
the entrance of the building, in the back or side of the parking lot 
due to necessary access to utilities and other constraints. Regardless 
of placement, an accessible route must be provided to ensure that the 
person with a disability whose vehicle is charging can access the 
building or facility, just like an individual without a disability. 
Even EV fast charging can take up to one hour for a total charge, 
increasing the likelihood that individuals will go into nearby 
facilities to shop, use the restroom or buy snacks. Individuals with 
disabilities must be able to get to the accessible entrance of these 
facilities, just as individuals without disabilities can get to an 
entrance.
    While the Board is not proposing any changes to Section 206.2.2/
F206.2.2 Accessible Route Within a Site, this provision will apply to 
EV charging stations and will require that at least one accessible 
route connect the accessible EV charging space with accessible 
buildings, facilities, elements and spaces that are on the same site.
216/F216 Signs
    The Board is proposing to add a new provision to address signage 
for accessible EV charging spaces in both 216.14 and F216.14. This 
provision would require accessible EV charging spaces to be identified 
with a sign complying with 507.6. The Board proposes two exceptions to 
the sign requirement. The first allows for no signage indicating the 
accessible EV charging space, where a total of four or fewer EV 
charging spaces are provided on a site. This exception is the same as 
the exception in 216.5 accessible parking spaces and is intended to 
mitigate the impact of a reserved space on a small EV charging station. 
This proposal would still require an accessible EV charging space to be 
provided, but not require the space to be identified as reserved only 
for people with a disability in situations where only four or fewer EV 
charging spaces are provided on a site.
    Question 1. The Board seeks input on the proposed number of EV 
charging spaces (four or fewer) which would exempt a site from 
reserving the accessible space for a person with a disability. Is there 
a reason to increase or decrease the proposed number of spaces?
    The second exception, also the same as the second exception in 
216.5 applicable to accessible parking spaces, applies only in 
residential facilities and permits identification of accessible EV 
charging spaces to be omitted if the space is assigned to a specific 
residential dwelling unit. If the space is already reserved for a 
specific unit, no reserved signage is necessary.
249/F249 EV Charging Stations
    Section 249/F249 proposes the minimum number of EV chargers and EV 
charging spaces required to be accessible. This section addresses the 
accessibility of both EV chargers and the associated EV charging 
spaces. In 249.1/F249.1 General, the Board is proposing an exception 
from compliance for EV charging stations used exclusively for buses, 
trucks, other delivery vehicles, and law enforcement vehicles. This 
exception is akin to the exception in section 208 for accessible 
parking spaces and is provided to alleviate the requirement for 
accessible spaces at EV charging stations that only service these types 
of vehicles.
    In section 249.2/F249.2 EV Chargers, the Board proposes to require 
all EV chargers to comply with proposed Section 506, which contains 
requirements regarding accessible communication features for all EV 
chargers, and requirements for accessible mobility features for those 
EV chargers associated with accessible EV charging spaces as required 
by 249.3/F249.3.

[[Page 71218]]

249.3/F249.3 EV Charging Spaces
    The Board proposes to require a specified minimum number of 
accessible EV charging spaces on a sliding scale dependent on the 
number of EV charging spaces provided at each EV charging station as 
noted in Table 249.3.1/F249.3.1. The Board is also proposing that where 
there is more than one EV charging station on a site, each station 
shall be treated separately and the number of accessible EV charging 
spaces would be calculated based on the number of spaces at each EV 
charging station. For example, if a site had two EV charging stations, 
one with 10 EV charging spaces and the second with eight EV charging 
spaces, then each charging station would be required to have at least 
one accessible EV charging space, whereas if the site had only one EV 
charging station with 18 EV charging spaces, then only one accessible 
space would be required.
    The Board also proposes to scope the EV charging spaces within an 
EV charging station separately if the EV charging station contains EV 
chargers of different levels. For example, if an EV charging station on 
a site contains a total of eight EV chargers, comprised of four Direct 
Current Fast Charging (DCFC) chargers and four Alternating Current (AC) 
Level 2 chargers, the number of required accessible spaces would be 
calculated separately for each type of charger. In this example, an 
accessible space would be required for the DCFC chargers, and an 
accessible space would be required for the AC Level 2 chargers. To 
ensure equitable Access to the available EV chargers, it is imperative 
that a person with a disability be provided with the same options as a 
person without a disability; that is, someone with mobility 
accessibility needs must have a choice of chargers at different 
charging levels if various types of chargers are provided. The level of 
charger may affect cost and the amount of time to charge the vehicle.
    This provision also makes clear that accessible EV charging spaces 
will not count toward the minimum number of accessible car and van 
parking spaces required in a parking facility by 208.2. Parking spaces 
and EV charging spaces are scoped separately.
    The proposed Table 249.3.1/F249.3.1 provides for a sliding scale of 
required accessible EV charging spaces similar to the requirements for 
accessible parking in 208.2/F208.2. However, the Board is also 
considering a different ``use last'' model to address the accessibility 
of EV charging spaces. A ``use last'' model would require more 
accessible EV charging spaces but would allow anyone to use them if all 
other spaces are occupied. This alternative proposal is discussed in 
Section VI, below.
    The Board is also proposing separate scoping provisions for 
residential facilities. Where EV charging spaces are provided for each 
residential dwelling unit, section 249.3.1.2 and F249.3.1.2 would 
require that at least one accessible EV charging space be provided for 
each dwelling unit required to have mobility features complying with 
809.4 through 809.9. Where EV charging spaces are not provided for each 
dwelling unit, EV charging spaces provided for residents, guests, 
employees or other nonresidents must be provided in accordance with 
Table 249.3.1.
249.3.2/F249.3.2 Location
    The Board is proposing that accessible EV charging spaces that 
serve a particular building or facility shall be located on the 
shortest accessible route from the EV charging station to the 
accessible entrance, relative to other EV charging spaces at the same 
EV charging station. For example, if a shopping center has an EV 
charging station located at the back of its associated parking 
facility, then the accessible EV charging space should be located on 
the shortest accessible route to the accessible entrance of the 
shopping center in comparison to the other EV charging spaces. This 
proposed requirement does not require that the accessible EV charging 
space be located at the front of the parking facility next to the 
accessible parking.
    As previously noted, the Board is aware that utility configurations 
and other site-specific factors related to the installation of EV 
chargers may at times dictate the location of the EV charging station 
within an established parking lot. This provision simply requires that 
the accessible EV charging space be the closest spot relative to other 
EV charging spaces. This provision also addresses the location of 
accessible EV charging spaces at a site where the primary function is 
EV charging. For example, an EV charging station located near amenities 
such as bathrooms, stores, or pedestrian routes to the public way, but 
not part of a particular facility, must also include accessible routes 
that connect the accessible EV charging space to each of these 
amenities.
    The Board proposes an exception to the location requirement for EV 
Charging Spaces that would allow locating accessible EV charging spaces 
at different EV charging stations on a site, if substantially 
equivalent or greater accessibility is provided in terms of distance 
from an accessible entrance or entrances, fees, and user convenience. 
For example, if a site had two EV charging stations and each station 
was required to have one accessible EV charging space, it would be 
permissible to place both accessible EV charging spaces at the EV 
charging station that is closest to the accessible entrance as long as 
the fees to use the charger are the same or less, and the convenience 
to the user is the same or better.

C. Chapter 5: General Site and Building Elements

506 EV Charger
    In 506 the Board proposes a new provision containing technical 
requirements for all EV chargers. In 506.1 the Board is proposing to 
require that all EV chargers, whether or not they are associated with 
an accessible EV charging space, provide accessible communication 
features in accordance with the proposed 709, EV Charger Communication 
Elements and Features, with the exception that 709.3.1 (visibility) 
will only apply to EV chargers associated with an accessible EV 
charging space. This universal requirement for communication access 
will ensure that a person with a disability who needs only 
communication access and is ineligible to use an accessible space and 
accompanying EV charger, such as someone who is deaf or hard of 
hearing, can use any available EV charger. Additionally, if accessible 
communication features were restricted to the EV chargers associated 
with mobility accessible EV charging spaces, the number of accessible 
EV charging spaces needed, would greatly increase, as the proposed 
number of accessible spaces only accounts for mobility needs. 
Therefore, the Board is proposing that all EV charger user interfaces 
provide accessible communication features in accordance with 709.
    Question 2: The Board seeks public input on the approach of 
requiring 100 percent of EV chargers to have an accessible user 
interface.
    Question 3: The Board seeks information on the costs of providing 
accessible user interfaces at EV charging stations, specifically the 
cost per EV charger, and how the cost per unit would be affected by the 
requirement that all EV chargers have accessible interfaces at an EV 
charger.
506.2 Mobility Features
    In 506.2, the Board is proposing that EV chargers serving 
accessible EV charging spaces provide accessible

[[Page 71219]]

mobility features for the EV charger. These provisions will ensure that 
persons with certain physical disabilities such as those that require 
the use of a mobility device (e.g., wheelchairs, powered scooters, or 
canes/crutches/walkers) are able to access and use the EV charger. For 
example, these provisions would allow a person using a wheelchair to 
approach the EV charger, reach the connector, remove it from the 
housing on the EV charger and then take it to the electric vehicle and 
plug it in. Additionally, if the EV charger has a user interface in 
order to initiate charging and/or to complete a transaction to pay for 
charging, theses provisions would allow a person using a mobility 
device to approach those operable parts, reach them, and access the 
screen in order to interact with it.
    The Board is proposing to apply the existing technical 
specifications for clear floor or ground space, reach range, and 
operable parts to EV chargers. This includes 506.2.1, which proposes 
requiring a clear floor or ground space in front of the EV charger to 
allow a parallel approach to the EV charger, centered on the operable 
part. The clear floor or ground space shall be 30 inches minimum by 48 
inches maximum, in accordance with Section 305. The Board is also 
proposing an exception when there are multiple operable parts, then the 
clear floor or ground space shall be centered on the EV charger.
    In 506.2.2 Reach Range and Operation, the Board is proposing that 
the EV charger controls be provided in accordance with 308.3.1 
unobstructed side reach. The unobstructed side reach provision requires 
that the operable part be located within a reach range to ensure that 
it is usable by a person using a mobility device. This provision 
requires that the high side reach be a maximum of 48 inches and the low 
side reach be a minimum of 15 inches above the ground. The Board is 
also proposing that the operable parts of an EV Charger comply with 
309.4, which requires that controls are operable with one hand, without 
tight grasping, pinching, or twisting of the wrist and require no more 
than 5 pounds operating force.
    An operable part is defined in Section 106.5 as ``[a] component of 
an element used to insert or withdraw objects, or to activate, 
deactivate, or adjust the element.'' This would include, among other 
things, the EV charging connector, any components that activate or 
deactivate the EV charger, and any screen provided with the charger. 
While 309.4 excepts gas pump nozzles, the Board is not currently 
proposing to provide the same exception for EV charging connectors. In 
the final rule for ADAAG, the Board explained that the exception was 
provided for gas pump nozzles because manufacturers indicated that 
safety requirements for their operation effectively precluded a maximum 
operating force of 5 pounds.'' See 69 FR 44083, 44116 (July 23, 2004).
    Additionally, the Board notes that gas nozzles are currently 
inaccessible to many individuals with disabilities, who rely on gas 
station attendants to provide refueling assistance. See ADA Business 
Brief: Assistance at Gas Stations, U.S. Department of Justice, 
available at https://archive.ada.gov/gasbrief.htm. Because EV charging 
stations typically do not have attendants to provide assistance, it is 
imperative that EV charging stations be sufficiently accessible to 
allow independent use by users with disabilities, including people who 
have limited or no hand dexterity, limb differences, or upper extremity 
amputations and use adaptive driving controls.
    Question 4: Are there any safety concerns with requiring connectors 
to be operable in accordance with 309.4?
    Question 5: Are there connectors currently on the market that 
comply with 309.4?
    Question 6: Is it possible to activate a connector with less than 5 
pounds of force?
    Question 7: Are adapters for alternate connectors provided by the 
EV Charging station or do individuals bring adapters with them if the 
EV Charger connector is not compatible with their vehicle?
    In 506.2.3, the Board is proposing to require that EV charging 
cables that exceed a weight of 5 pounds provide a cable management 
system. The Board is concerned with the overall weight of the EV 
charging cables and the ability of persons who use mobility devices to 
move the cable into place to connect it to their vehicles. The Board is 
proposing to require a cable management system, similar to what gas 
stations use, to assist someone with a disability in moving the cable 
to the appropriate place. The purpose of the requirement is to reduce 
the weight as much as possible to make it accessible to more users, 
regardless of whether the cable management system reduces the weight of 
the cable below five pounds. The cable management system also helps 
keep long cable slack off the accessible routes when stored or when 
connected to vehicles.
    Question 8: Do any EV chargers currently on the market use a cable 
management system?
    Question 9: Is there any other new technology the Board should 
consider besides a cable management system to ensure that the cable can 
be moved into place by a person with a disability?
    Question 10: Should the Board consider requiring a different 
threshold for the cable management system instead of 5 pounds?
507 EV Charging Spaces
    In 507 the Access Board proposes multiple provisions to address the 
size, access aisle, ground surface, vertical clearance, identification, 
and relationship to accessible routes for EV Charging Spaces. These 
provisions only apply to EV charging spaces that are required to 
provide accessibility pursuant to the scoping provisions in 249.3/
F249.3. The purpose of these provisions is to provide mobility access 
to individuals with disabilities. While these provisions are similar to 
accessible parking, there are some key differences in that the space is 
not only used to park the vehicle, but also must ensure that the person 
can maneuver around the vehicle to the EV charger and plug in the 
vehicle to begin charging.
507.1 General
    This provision clarifies that measurements shall be taken from the 
centerline of the markings. When the EV charging spaces or access aisle 
are not adjacent to another EV charging space, access aisle, or parking 
space, then the measurement may include the full width of the line 
defining the access aisle or EV charging space. These are the same 
requirements currently in place for accessible parking spaces and 
access aisles.
507.2 Size of EV Charging Space
    EV charging spaces with mobility features must provide a vehicle 
space with a minimum width of 132 inches and minimum length of 240 
inches and have an access aisle complying with 507.3. The Board is not 
proposing separate van and car spaces for EV chargers, as exists for 
accessible parking. See 36 CFR 1191, Appx. D, Sec.  502. EV charging 
spaces require a larger space than an accessible parking space for a 
car because of the need to maneuver around the vehicle to get to the 
vehicle charging inlet location and to the EV charger. The Board 
believes the proposed size for the accessible EV charging space will be 
sufficient for cars and vans. For an accessible parking space, drivers 
can choose to back in or pull in forward in a manner that provides 
enough space to either deploy a ramp from their vehicle or to exit the 
vehicle and access and use a mobility device. With an EV, because 
vehicle charging inlets are not uniform (they

[[Page 71220]]

can be on any side of the vehicle, including, the front or rear), the 
driver will have to pull in or back in, based on where the inlet is 
located and where the EV charger is located. Based on these 
considerations, the Board is proposing an accessible EV charging space 
that is larger than an accessible parking space. The proposed 
dimensions will provide sufficient space for a person using a mobility 
device to exit and maneuver around the vehicle, retrieve the EV 
connector, and plug the connector into the EV charging inlet. The 
specified minimum length of 240 inches is to provide for the additional 
maneuverability required to enable a person who uses a mobility device 
to use the EV charger independently.
    The Board is proposing two exceptions to the size of the EV 
charging space. Both exceptions apply to pull-through EV charging 
stations to provide ease of use and an adjacent vehicular way. This 
would apply to a station set up like a gas station at which there are 
multiple EV charging stations where the EVs line up and wait their turn 
to charge and pull through after charging. These exceptions allow for 
spaces without an access aisle as long as they are 192 inches wide and 
provide for an adjacent vehicular way so vehicles can maneuver into and 
out of their charging spaces.
    Additionally, the Board is considering adding an exception to the 
proposed dimensions of the EV charging space where inductive charging 
is used. Inductive charging occurs when the EV drives over and 
automatically connects to an in ground charger which prevents the 
driver from having to manually connect the EV charging cable to an 
inlet. Because this technology would negate the need for the driver to 
maneuver around the EV to the EV charger and then back to the EV to 
plug in the charging cable, the Board is considering providing an 
exception for compliance with the specified length of the EV charging 
space. The specified width would still be required to ensure that a 
user with a disability would be able to exit the vehicle and use the EV 
charger if needed to start or pay for the charge. The accessible route 
to any onsite amenities or public right-of-ways would also be required. 
The Board is seeking public comment on whether a required length of 
accessible EV charging spaces should be specified when inductive 
charging is available.
507.3 Access Aisle
    The Access Board is proposing that two accessible EV charging 
spaces, or one accessible parking space and one accessible EV charging 
space, be permitted to share a common access aisle. The Board is 
proposing that access aisles serving accessible EV charging spaces be a 
minimum of 60 inches wide, extend the full length of the EV charging 
space they serve, and be marked so as to discourage parking in them. 
Access aisles may be placed on either side of the EV charging space, 
but cannot overlap the vehicular way. These provisions are taken 
directly from the requirements for access aisles at accessible parking 
spaces.
507.4 Floor or Ground Surfaces
    The Board is proposing that EV charging spaces and access aisles 
comply with 302, which requires floor and ground surfaces to be stable, 
firm, and slip resistant. The Board is also proposing that accessible 
EV charging spaces and the adjoining access aisles be at the same level 
and that changes in level are not permitted. This is to ensure someone 
can transfer to a mobility device or deploy and traverse a ramp from 
the vehicle, and then traverse the EV charging space and access aisle 
safely.
    This section contains two proposed exceptions. The first is that a 
slope not steeper than 1:48 be permitted. This exception is also 
provided for in 502.4 for parking spaces and allows for sufficient 
slope for drainage. The second exception is new and would permit a 
change in level created by in-ground connectors, so long as they are 
not located in the access aisle. The exceptions would permit an in-
ground connector, such as a wireless connector, over which a vehicle is 
positioned in order to charge, to be installed within the EV charging 
space.
507.5 Vertical Clearance
    The Board is proposing a vertical clearance requirement of 98 
inches minimum for EV charging spaces, access aisles, and vehicular 
routes that service them. This is the same as the current requirements 
for vertical clearance of accessible parking in 502.5.
507.6 Identification
    The Board is proposing that accessible EV charging spaces be 
identified with the International Symbol of Accessibility (ISA), 
complying with 703.7.2.1, and that the sign be 60 inches minimum above 
the ground surface measured to the bottom of the sign. If four or fewer 
EV charging spaces are located on a site, signage is not required, as 
proposed in 216.14 and discussed above. Identifying accessible EV 
charging spaces with the International Symbol of Accessibility is the 
``reserved model'' in that those spaces are only available to 
individuals with a disability, and in practice means the individual 
would need to have a state issued disability placard. The Access Board 
is also proposing a ``use last model'' as an alternative to the 
``reserved model'', which is discussed below in Section VI.
507.7 Relationship to Accessible Routes
    Finally, the Board is proposing that EV charging spaces and access 
aisles be designed so that while vehicles charging they do not obstruct 
the required clear width of adjacent accessible routes. For example, 
wheel stops are an effective way to prevent vehicle overhangs from 
reducing the clear width of an accessible route. This is the same as 
the current requirements for accessible parking spaces in 502.7.

D. Chapter 7: Communication Elements and Features

709 EV Charger Communication Elements and Features
    Many EV chargers have an electronic user interface and are similar 
to smart parking meters or fare vending machines. EV chargers that 
provide an electronic user interface must be accessible to and usable 
by people with disabilities. Accessible communication features enable 
people who are deaf or hard of hearing, people with vision impairments 
(but who drive), and other people with disabilities to use an EV 
charger. As noted above, the Access Board is proposing that all EV 
chargers provide accessible communication features and comply with 709, 
except that 709.3.1 will apply only to EV chargers with mobility 
features complying with 506. As explained below, 709.3.1 ensures that 
display screens are located at a height to be visible to a person 
sitting in a mobility device. Many of the requirements for 
communication proposed in this NPRM are similar to the provisions in 
the Access Board's Revised Section 508 Standards. See 36 CFR 1194.1, 
App. A & C. The Access Board emphasizes that this proposed rule does 
not excuse full compliance with Section 508 of the Rehabilitation Act 
with respect to the communication features of any EV charging stations 
procured, maintained, or used by the federal government. The Revised 
508 Standards are more stringent than the proposed communication 
features in 709, and compliance with the Revised 508 Standards would 
ensure compliance with section 709 of this proposed rule.

[[Page 71221]]

709.2 Volume
    In 709.2 the Board proposes that all EV chargers that deliver sound 
provide volume control and output amplification. For private listening, 
the EV charger shall provide a mode of operation to control the volume. 
For non-private listening, the EV charger shall include incremental 
volume control with output amplification up to a level of at least 65 
dB and a function shall be provided to automatically reset the volume 
to the default level after every use. The Board is proposing an 
exception so that EV chargers complying with 709.7.2 Volume Gain for EV 
Chargers with Two-Way Communication, need not comply with 709.2
709.3 Display Screen
    The Board is proposing that display screens on EV chargers 
associated with accessible EV charging spaces be visible from a point 
located 40 inches above the center of the clear ground space in front 
of the EV Charger to ensure the display screen is visible from a seated 
position in a mobility device.
    Additionally, the Board is proposing that all EV charger display 
screens provide at least one mode of characters displayed on the screen 
in a sans serif font, and that if the EV charger does not provide a 
screen enlargement feature, characters must be \3/16\ inch high minimum 
based on the uppercase letter ``I''. Additionally, characters must 
contrast with their background with either light characters on a dark 
background or dark characters on a light background.
709.4 Status Indicators
    Where provided, status indicators shall be visually discernable and 
discernable by touch or sound. For example, if the EV charger makes a 
sound to indicate charging is completed, then it shall also provide a 
visual notification.
709.5 Color Coding
    Where provided, color coding cannot be used as the only means of 
conveying information, indicating an action, prompting a response, or 
distinguishing a visual element. For example, a light that is 
illuminated red while the vehicle is charging and then turns green when 
the charge is complete cannot be the only means of informing the user 
that the charge is complete.
709.6 Audible Signals
    Where provided, audible signals or cues shall not be the only means 
of conveying information, indicating an action, or prompting a 
response. Information conveyed with an audible signal must also be 
conveyed visually or with a tactile indication if appropriate.
709.7 EV Charger With Two-Way Communication
    EV chargers that provide a method of two-way communication, such as 
the ability to call a help desk or video chat with a representative, 
shall provide an accessible means of communication for individuals who 
are deaf or hard of hearing. The EV charger must provide a method to 
increase volume of received audio. If the EV charger delivers output by 
a handset or other type of audio transducer that is typically held up 
to the ear, then the EV charge must reduce interference with hearing 
technologies; provide a means for effective magnetic wireless coupling; 
and conform to TIA-1083-B, incorporated by reference. TIA-1083-B is an 
industry consensus standard that describes in a technical engineering 
document what characteristics are needed for a telecoil in a handset 
speaker to be compatible with the ``T-Switch'' feature provided by 
modern hearing aids. Additional information about the incorporation by 
reference is detailed below in Section VII.
    Finally, if real-time video communication is provided, the quality 
of the video must be sufficient to support communication using sign 
language.
709.8 Caption Processing Technologies
    Where an EV charger displays or processes video with synchronized 
audio, captioning of the audio shall be provided. For example, if a 
video of instructions on how to use the EV charger is provided with 
accompanying audio, the audio must be captioned.

VI. Use Last Model for EV Charging Spaces

    The Access Board is considering an alternative to the number of 
mobility accessible EV charging spaces currently proposed in this NPRM. 
The current proposal follows a traditional ``reserved'' approach, where 
the accessible spaces are restricted to only those persons with a 
disability and are identified by a sign with the International Symbol 
of Accessibility (ISA). The Board seeks public input on an alternative 
concept of ``use last''. In the ``use last model'', the accessible 
spaces would be marked with a sign with the ISA, but also the words 
``use last''. The space would not be reserved only for a person with 
physical disabilities. Instead, anyone could use the accessible 
charging space if it is the last charging space available. Under this 
alternative approach, the Board proposes that a greater number of 
accessible spaces per EV charging station be required since they would 
not be solely reserved for persons with certain physical disabilities.

A. Number of Accessible EV Charging Spaces for ``Use Last'' Alternative 
Approach

    The table below provides the proposed minimum number of mobility 
accessible EV charging spaces under a ``use last'' model. Instead of 
one accessible space for the first 25 EV charging spaces, the 
requirement would be two accessible spaces for two to 25 EV charging 
spaces at a charging station. This increase would compensate for the 
fact that the space could be used by a person without a disability.

                    Table 249.3.1--EV Charging Spaces
------------------------------------------------------------------------
   Total number of EV charging spaces       Minimum number of required
   provided at an EV charging station     accessible EV charging spaces
------------------------------------------------------------------------
1......................................  1.
2 to 25................................  2.
26 to 50...............................  4.
51 and over............................  4, plus one for each 50, or
                                          fraction thereof over 50.
------------------------------------------------------------------------

    As noted above in the discussion of sections 216/F216, under the 
proposed ``reserved'' model, identification of an accessible EV 
charging space would not be required if four or fewer EV charging 
spaces are provided at an EV charging station. The Board welcomes 
comment on the appropriate threshold of total number of EV charging 
spaces that

[[Page 71222]]

would trigger a requirement for signage at accessible EV charging 
spaces under a ``use last'' model.

B. Alternative 507.6 Identification

    The Board is considering an alternative 507.6, which would require 
the designation ``use last'' and the ISA symbol on the sign marking the 
accessible space. All other requirements of this section would remain 
the same.

C. Analysis of the ``Use Last'' Alternative

    The Board first introduced the idea of a ``use last'' model in the 
technical assistance document it issued in August 2022. Design 
Recommendations for Accessible Electric Vehicle Charging Stations, 
available at https://www.access-board.gov/ta/tad/ev/. EV charging 
stations can be expensive to install, and the Board understands that 
each space provides potential revenue for the station operator, unless 
the station is provided as a free amenity. The Board therefore 
acknowledges efficiencies in allowing an unoccupied accessible EV 
charging space to be used by a person without a disability, if all 
other EV charging spaces are occupied at a particular EV charging 
station.
    However, the Board does have significant reservations about the 
``use last'' approach, and thus proposes it as an alternative approach 
for consideration and public comment. The Board is concerned that 
enforcement will be difficult, if not impossible. Suppose, for example, 
that a person with a physical disability who needs an accessible EV 
charging space made a complaint that someone without a disability was 
occupying the accessible space, even though there were other spaces 
available. In some instances, it may not be possible to determine 
whether all other spaces were occupied at the time the non-disabled 
driver arrived at the EV charging station. The Board is also concerned 
that individuals without disabilities will choose to use the accessible 
space because it is a larger space, even when non-accessible spaces are 
available.
    Further, as ``use last'' is a new concept, it may lead to confusion 
for drivers and require public education to implement. For example, 
individuals without disabilities may not understand that they are 
permitted to use the ``use last'' space, if no other space is 
available, because traditionally a sign with the ISA indicates that the 
space is reserved. The Board seeks public comment, especially from any 
jurisdiction or EV charging station operator that is currently using 
the ``use last'' approach. The Board is particularly interested on 
information regarding enforcement and wait times for individuals with 
disabilities attempting to use the accessible spaces. The Board also 
seeks input from individuals with disabilities who may have used a 
``use last'' EV charging space, as well as any experiences with 
``reserved'' accessible EV charging spaces and how often they are 
available for use.
    In the preliminary regulatory assessment (PRIA), discussed below, 
the Board has analyzed both the costs and benefits of this alternative 
``use last'' approach. The alternative would require more accessible 
spaces per EV charging stations and therefore be more costly than the 
``reserved'' model. However, as discussed in the PRIA, the magnitude of 
the difference is quite small for stations outside of California, in 
that the ``use last'' approach costs at most $113 more than the 
``reserved'' model for the most common size of EV charging stations 
(one to 25 charging spaces), which currently accounts for 99% of EV 
charging stations. California is the only state that has adopted 
accessible EV charging standards, and so while the cost of both models 
are lower in California than the costs for the rest of the United 
States, the ``use last'' alternative does increase the costs for 
California from $0 to $1,592.49 per charging station.
    While the costs increase slightly with the ``use last'' 
alternative, the PRIA notes that the ``use last'' model is expected to 
provide better outcomes for all users (with disabilities and without 
disabilities.) Owing to the greater number of spaces complying with 
accessibility requirements, and the opportunity for non-disabled people 
to use those chargers if unoccupied, ``[t]he [``use last''] alternative 
lowers the probability that a user would need to wait for an 
appropriate EV charging space to become available because it increases 
the capacity of the EV charging station for both users with 
disabilities and users without disabilities compared to the [``reserved 
model''].'' PRIA at 45 available at https://www.regulations.gov/docket/ATBCB-2024-0001. The basis of the benefits analysis is a model of EV 
charging station queuing which depicts arrivals at DCFC charging 
stations in terms of average time interval between vehicle arrivals 
(measured in minutes). The model calculates the probability that an 
arrival will have to wait and further considers the average wait times 
for all users, users who need an accessible space and users who do not.
    The benefits analysis also takes into consideration the difficulty 
of enforcement and includes scenarios where 20 percent and 50 percent 
of users without disability placards were non-compliant with the ``use-
last'' approach (meaning the user was not a person with a disability 
and parked in an accessible spot when other non-accessible spots were 
available). The results show that even if 50 percent of users without 
disability placards use the accessible spaces inappropriately, the 
``use last'' alternative results in lower probabilities of people with 
disabilities waiting for accessible spaces than under the ``reserved'' 
model because the number of required accessible spaces is greater. The 
Board seeks public input on this alternative ``use last'' model, 
including comments on the PRIA.

VII. Availability of Materials Incorporated by Reference

    As required by the Office of the Federal Register, the Board is 
providing this information to the public about the proposed material to 
be incorporated by reference in Appendix B, 105.2 and Appendix C, 
F105.2. In addition to the information provided below relating to 
public availability, a copy of this reference standard is available for 
inspection at the Access Board's office, 1331 F Street NW, Suite 1000, 
Washington, DC 20004.
    TIA 1083-B Telephone Terminal Equipment Handset Magnetic 
Measurement Procedures and Performance Requirements (2015). This 
standard defines measurement procedures and performance requirements 
for the handset generated audio band magnetic noise of wireline 
telephones. This standard also addresses magnetic interference issues 
not covered by 47 CFR part 68. This standard can be used to evaluate 
devices with analog interfaces and digital interfaces that provide 
narrowband and wideband transmission. Availability: Copies of the 
standard, which is published by the Telecommunications Industry 
Association (TIA), may be obtained from the TIA Standards Store, 1320 
North Courthouse Road, Suite 890, Arlington, VA 22201. It is available 
for purchase on the TIA Standards Store (https://store.accuristech.com/tia). The cost is $123 for a secured PDF. TIA has agreed to make a read 
only version of this standard available for free to the public during 
the comment period of this NPRM. To obtain access to the read-only 
version, members of the public should email TIA at 
[email protected] and request access to TIA-1083-B.

[[Page 71223]]

VIII. Regulatory Process Matters

A. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Consistent with the obligation that federal agencies under 
Executive Orders 12866 and 13563 propose and adopt regulations only 
upon a reasoned determination that benefits justify costs, this 
proposed rule has been evaluated from a benefit-cost perspective in the 
preliminary regulatory impact assessment (PRIA). The USDOT Volpe Center 
prepared this PRIA on behalf of the Access Board. The PRIA is available 
on the Access Board's website at www.access-board.gov and in the 
regulatory docket at www.regulations.gov. The PRIA estimates the annual 
costs of this proposed rule and describes the significant benefits for 
people with disabilities. The benefits of regulations that ensure civil 
rights cannot be fully quantified and monetized; the Board concludes 
that consistent with E.O. 13563, the benefits (quantitative and 
qualitative) justify the costs.
    Pursuant to E.O. 13563, the Volpe Center has used ``the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible''; however, the proposed 
rule and the underlying statutes create many important benefits that, 
in the words of E.O. 13563, stem from ``values that are difficult or 
impossible to quantify.'' In addition to considering the proposed 
rule's quantitative effects, the Board has considered the proposed 
rule's qualitative effects.
    Executive Order 13563 states that in making a reasoned 
determination that a regulation's benefits justify its costs, ``each 
agency may consider and (discuss qualitatively) values that are 
difficult or impossible to quantify, including equity, human dignity, 
fairness, and distributive impacts.'' The proposed guidelines promote 
important societal values that are difficult or impossible to quantify. 
When enacting the ADA, Congress found ``the discriminatory effects of 
architectural, transportation, and communication barriers'' to be a 
continuing problem that ``denies people with disabilities the 
opportunity to compete on an equal basis and to pursue those 
opportunities for which our free society is justifiably famous, and 
costs the United States billions of dollars in unnecessary expenses 
resulting from dependency and nonproductivity.'' 42 U.S.C. 12101(a)(5) 
and (8).
    Congress declared that ``the Nation's proper goals regarding 
individuals with disabilities are to assure equality of opportunity, 
full participation, independent living, and economic self-
sufficiency.'' 42 U.S.C. 12101(a)(7). This proposed rule promotes the 
goals declared by Congress by eliminating the discriminatory effects of 
architectural, transportation, and communication barriers in the design 
and construction of electric vehicle charging stations.
    In the PRIA, the Volpe Center explains that the benefits of the 
proposed rule relate to preserving equal access to public facilities 
and facilities designed, built, or altered with federal dollars or 
leased by federal agencies for people with disabilities. The mobility 
features of the accessible EV charging spaces and EV chargers would 
ensure they are usable by people with physical disabilities including 
those who use mobility devices such as wheelchairs, powered scooters, 
and canes/crutches/walkers. The requirements related to operable parts 
would ensure that EV chargers are usable by people who use mobility 
devices and by people who have difficulty, pinching, twisting, or 
grasping due to a disability. The requirements related to communication 
features would ensure that people with difficulty hearing, difficulty 
seeing (including but not limited to small print), or color-blindness 
can use EV chargers.
    The PRIA describes the methodology used to quantify compliance 
costs and associated benefits, including data sources, key input values 
and assumptions, calculation methods, information on potential 
limitations and sources of uncertainty, and areas where the Board is 
requesting additional information to inform the final regulatory impact 
assessment.
    In summary, the PRIA explains that the quantified costs of the 
proposed rule over the seven-year analysis period of 2024 to 2030 are 
estimated to be $831.8 million when discounted at 3 percent and $683.3 
million when discounted at 7 percent. The costs are based on the 
forecast of the number of EV charging stations that will be built in 
the United States by 2030. Some costs could not be quantified with the 
available information and the Access Board requests information from 
the public to improve those cost estimates. The cost of the rule is at 
most $2,225 per charging station in most of the United States for the 
most common sizes of charging stations. Most of the cost is associated 
with the extra land or space required to provide a wider accessible 
charging space and an adjacent access aisle. The cost of the rule is a 
small percentage of the baseline cost of the rule for large Level 2 
charging stations and for DC Fast Charging stations. In California, the 
cost the proposed rule is essentially zero for the most common sizes of 
charging stations because California has already enacted accessibility 
requirements for EV charging stations. The total cost of the rule is 
largely driven by the high number of public EV charging stations that 
are expected to be built in the near future.

                                                                           Summary of Costs of Proposed Rule 2024-2030
                                                                                          [$ millions]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
     Proposed rule requirement                 Total cost                Total cost 3% discount          Total cost 7% discount      Annualized cost 3% discount    Annualized cost 7% discount
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Mobility Features of Accessible      $972.0........................  $831.8........................  $683.3.......................  $133.5.......................  $126.8.
 Spaces.
Mobility Features of Chargers......  Not Quantified................  Not Quantified................  Not Quantified...............  Not Quantified...............  Not Quantified.
Communication Elements.............  Not Quantified................  Not Quantified................  Not Quantified...............  Not Quantified...............  Not Quantified.
                                    ------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total..........................  $972.0........................  $831.8........................  $683.3.......................  $133.5.......................  $126.8.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    The PRIA also considers a regulatory alternative related to the 
number of accessible EV charging spaces with mobility features that 
would be required at a charging station. Whereas the proposed rule 
requires one accessible charging space reserved for people with 
disabilities at charging stations with 25 or fewer charging spaces, the 
alternative would require two accessible charging spaces signed as 
``use last,'' meaning that people without disabilities could use them 
if the non-accessible charging spaces were all occupied.

[[Page 71224]]

    In most of the country, the extra cost of the ``use last'' 
alternative compared to the ``reserved'' model is minor, just over $100 
per charging station. However, in California, the additional cost of 
the ``use last'' alternative compared to the ``reserved'' model is more 
substantial. California accounts for just over 30 percent of charging 
stations, so at a national level, the ``use last'' alternative is 
estimated to cost 28 percent more than the ``reserved'' model, as shown 
below.

                               Comparison of Costs of Alternative to Proposed Rule
----------------------------------------------------------------------------------------------------------------
                                                                                          Percent cost  increase
 Proposed rule:  annualized    Alternative:  annualized    Increase in  costs compared    compared to  proposed
         cost  @7%                    cost  @7%                 to  proposed rule                  rule
----------------------------------------------------------------------------------------------------------------
          $136,293,270                 $126,780,388                    $35,272,652                    27.8%
----------------------------------------------------------------------------------------------------------------

    The alternative would cost more than the ``reserved'' model, but, 
because it results in more accessible charging spaces being provided, 
it improves outcomes for disabled users of EV charging stations. A 
simulation model of queuing behavior at DC Fast Charging stations 
developed for this PRIA finds that under a range of scenarios, the 
alternative would substantially decrease the probability that a 
disabled user would need to wait at a charging station for an 
accessible charging space to become available, compared to the proposed 
rule. The PRIA also explores scenarios where 20 percent or 50 percent 
of non-disabled users do not comply with the ''use last'' concept and 
instead use the accessible charging spaces even when non-accessible 
spaces are available. Even at fairly high levels of non-compliance, the 
``use last'' concept is expected to provide better outcomes for users 
with mobility disabilities.

B. Regulatory Flexibility Act

    An initial regulatory flexibility analysis (IRFA) has been prepared 
to evaluate the proposed rule under the Regulatory Flexibility Act. The 
USDOT Volpe Center has prepared this IRFA on behalf of the Access 
Board. The IRFA is available on the Access Board's website at 
www.access-board.gov and in the regulatory docket at 
www.regulations.gov.
    The Regulatory Flexibility Act of 1980 (RFA), as amended, requires 
agencies to conduct a separate analysis of the economic impact of rules 
on small entities. The RFA requires agencies to take small entities' 
concerns into account when developing, writing, publicizing, 
promulgating, and enforcing regulations. To this end, the RFA requires 
agencies to detail how they have met these concerns by including an 
initial and later a final regulatory flexibility analysis.
    As required by the RFA, this analysis includes:

 A description of the reasons the agency is considering the 
action
 A succinct statement of the objectives and legal basis of the 
rule
 A description and estimate of the number of small entities to 
which the rule will apply (or an explanation of why no such estimate is 
available)
 A description of the compliance requirements of the rule and 
their costs
 A description of relevant Federal rules, if any, that may 
duplicate, overlap, or conflict with the proposed rule
 A description of any significant alternatives to the proposed 
rule that would accomplish the stated objectives of the rule while 
minimizing any significant economic impact of the proposed rule on 
small entities

    The IRFA evaluates the proposed accessibility standards for EV 
chargers and EV charging stations at places covered under this proposed 
rule, including places of public accommodation and commercial 
facilities under the ADA and buildings and facilities that were 
designed, built, or altered with federal dollars or leased by federal 
agencies under the ABA. The analysis assesses the effects of the 
proposed rule on four categories of entities that have roles in 
providing EV charging stations: EVSE manufacturers, EV charging station 
operators, non-governmental entities that provide EV charging stations 
as an amenity to patrons and/or employees, and governmental 
jurisdictions that provide EV charging stations as a service to the 
general public.
    The proposed rule is expected to have non-significant economic 
impacts on small EVSE manufacturers, small non-governmental entities 
that provide EV charging stations to their patrons and/or employees, 
and small governmental entities that provide EV charging stations to 
the general public. The proposed rule is expected to have non-
significant economic impacts on small EV charging station operators who 
provide DC Fast Charging (DCFC) charging stations. However, the rule 
may have significant economic impacts on small EV charging station 
operators who provide Level 2 charging stations.
    The Access Board does not anticipate any meaningful alternatives to 
minimizing the significant economic impacts on small entities. The 
alternative described above and analyzed in the PRIA results in 
slightly higher upfront costs (although it may reduce expected wait 
times for EV charging station users).

C. Executive Order 14096

    E.O. 14096 set the goal of environmental justice for all, including 
ensuring ``equitable access to a healthy, sustainable, and resilient 
environment in which to live, play, work, learn, grow, worship, and 
engage in cultural and subsistence practices.'' See E.O. 14096, 88 FR 
25,253 (Apr. 26, 2023). The agency has considered environmental justice 
and believes this proposed rule will advance accessibility and improve 
the quality of life for communities with environmental justice 
concerns, and thus advance this goal. As part of public comment on this 
proposal, the agency welcomes any additional input or engagement from 
the public, including communities with environmental justice concerns, 
to inform this rulemaking.

D. Federalism (Executive Order 13132)

    The Access Board has evaluated this notice of proposed rulemaking 
in accordance with the principles and criteria set forth in Executive 
Order 13132. We have determined that this action will not have a 
substantial direct effect on the States, on the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities among the various levels of government, and, 
therefore, does not have Federalism implications.
    The proposed rule adheres to the fundamental federalism principles 
and policy making criteria in Executive Order 13132. The portion of 
this rule applicable to state and local

[[Page 71225]]

governments is issued under the authority of the Americans with 
Disabilities Act, civil rights legislation that was enacted by Congress 
pursuant to its authority to enforce the Fourteenth Amendment to the 
U.S. Constitution and to regulate commerce. The Americans with 
Disabilities Act was enacted ``to provide a clear and comprehensive 
national mandate for the elimination of discrimination against 
individuals with disabilities.'' 42 U.S.C. 12101(b)(1). The Americans 
with Disabilities Act recognizes the authority of State and local 
governments to enact and enforce laws that ``provide[] for greater or 
equal protection for the rights of individuals with disabilities than 
are afforded by this chapter.'' 42 U.S.C. 12201(b).

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act does not apply to legislative or 
regulatory provisions that establish or enforce any ``statutory rights 
that prohibit discrimination on the basis of race, color, religion, 
sex, national origin, age, handicap, or disability.'' 2 U.S.C. 658a. 
Accordingly, it does not apply to this rulemaking.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act (PRA), federal agencies are 
generally prohibited from conducting or sponsoring a ``collection of 
information: as defined by the PRA, absent OMB approval.'' See 44 
U.S.C. 3507 et seq. The proposed revisions and updates to the ADA and 
ABA Accessibility Guidelines do not impose any new or revised 
collections of information within the meaning of the PRA.

G. Congressional Review Act

    To the extent this rule is subject to the Congressional Review Act, 
the Access Board will comply with its requirements by submitting the 
final rule to Congress and the Government Accountability Office.

List of Subjects in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Federal buildings and 
facilities, Incorporation by reference, Individuals with disabilities, 
Parking, and Transportation.

    For the reasons stated in the preamble, and under the authority of 
29 U.S.C. 792(b)(3) and 42 U.S.C. 12204, the Board proposes to amend 36 
CFR part 1191 as follows:

PART 1191--Americans With Disabilities Act (ADA) Accessibility 
Guidelines for Buildings and Facilities; Architectural Barriers Act 
(ABA) Accessibility Guidelines

0
1. The authority citation for part 1191 continues to read as follows:

    Authority:  29 U.S.C. 792(b)(3); 42 U.S.C. 12204.

0
2. Amend appendix A by:
0
a. Revising the heading for ADA Chapter 1;
0
b. Revising the ADA Chapter 2 and adding, in numerical order, an entry 
for 249;
0
c. Revising the heading for ABA Chapter 1;
0
d. Revising the heading for ABA Chapter 2 and adding, in alphanumerical 
order, and entry for 249;
0
e. Revising the headings for Chapter 3 and Chapter 4;
0
f. Revising the heading for Chapter 5 and adding, in numerical order, 
entries for 506 and 507;
0
g. Revising the heading for Chapter 6;
0
h. Revising the heading for Chapter 7 and adding, in numerical order, 
an entry for 709;
0
i. Revising the headings for Chapter 8, Chapter 9, and Chapter 10.
    The revisions and additions read as follows:

Appendix A to Part 1191--Table of Contents

ADA Chapter 1: Application and Administration (Appendix B)
* * * * *
ADA Chapter 2: Scoping Requirements (Appendix B)
* * * * *
244-248 [Reserved]
249 EV Charging Stations
ABA Chapter 1: Application and Administration (Appendix C)
* * * * *
ABA Chapter 2: Scoping Requirements (Appendix C)
* * * * *
F249 EV Charging Stations
Chapter 3: Building Blocks (Appendix D)
* * * * *
Chapter 4: Accessible Routes (Appendix D)
* * * * *
Chapter 5: General Site and Building Elements (Appendix D)
* * * * *
506 EV Chargers
507 EV Charging Spaces
Chapter 6: Plumbing Elements and Facilities (Appendix D)
* * * * *
Chapter 7: Communication Elements and Features (Appendix D)
* * * * *
709 EV Charger Communication Elements and Features
Chapter 8: Special Rooms, Spaces, and Elements (Appendix D)
* * * * *
Chapter 9: Built-In Elements (Appendix D)
* * * * *
Chapter 10: Recreation Facilities (Appendix D)
* * * * *
0
3. In appendix B,
0
a. Amend ADA Chapter 1 by:
0
i. Revising section 105.1 and the introductory text of section 105.2;
0
ii. Adding section 105.2.6; and
0
iii. In section 106.5, adding definitions for ''Charging port``, 
``Connector'', ``Electric vehicle'', ``EV charger'', EV supply 
equipment'', EV charging station'', EV charging space'';
0
b. Amend ADA Chapter 2 by:
0
i. Revising section 206.2.1;
0
ii. Adding section 216.13 as ``reserved'';
0
iii. Adding section 216.14;
0
iv. Adding section 249; and
0
v. Removing the text ``Chapter 1)'' everywhere it appears and adding, 
in its place, the text ``section 105)''.
    The revisions and additions read as follows:

Appendix B to Part 1191--Americans With Disabilities Act: Scoping ADA 
Chapter 1: Application and Administration

* * * * *
    105.1 General. The standards listed in 105.2 of this appendix B are 
incorporated by reference into this appendix B and appendix D to this 
part with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available at the U.S. Access Board and at 
the National Archives and Records Administration (NARA). Contact U.S. 
Access Board at: 1331 F Street NW, Suite 1000, Washington, DC 20004; 
(202) 272-0080, board.gov">info@access-board.gov. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The 
material may be obtained from the sources in section 105.2.
    105.2 Reference Standards. Referenced standards. The specific 
edition of the standards listed in this section are referenced 
elsewhere in this appendix B and appendix D to this part. Where 
differences occur between these appendices and the referenced 
standards, these appendices apply.
* * * * *
    105.2.6 TIA -1083-B.
    Copies of the referenced standards may be obtained from the 
Telecommunications Industry

[[Page 71226]]

Association (TIA), 1320 North Courthouse Road, Suite 890, Arlington, VA 
22201; (800) 332-6077; [email protected]; https://store.accuristech.com/tia. TIA-1083-B, Telecommunications -- 
Communications Products--Handset Magnetic Measurement Procedures and 
Performance Requirements, October 2015 (see 709.7.2.2).
* * * * *
    106.5 Defined Terms.
* * * * *
    Charging port. The system within an electric vehicle (EV) charger 
that charges one (1) EV. A charging port may have multiple connectors, 
but it can only provide power to charge one EV through one connector at 
a time.
* * * * *
    Connector. The device that attaches an EV to a charging port in 
order to transfer electricity.
* * * * *
    Electric Vehicle (EV). A motor vehicle that is either partially or 
fully powered on electric power received from an external power source. 
definition does not include golf carts, electric bicycles, or other 
micromobility devices.
* * * * *
    EV Charger. A device with one or more charging ports and connectors 
for charging EVs. An EV charger is also called electric vehicle supply 
equipment (EVSE).
    EV Supply Equipment. See EV Charger.
    EV Charging Station. The area in the immediate vicinity of a group 
of EV chargers including the EV chargers, supporting equipment, EV 
charging space adjacent to the EV chargers, and lanes for vehicle 
ingress and egress. An EV charging station may be only part of the 
property on which it is located. An EV charging station may include 
only one EV charging space.
    EV Charging Space. A space to park an EV while charging. An EV 
charging space may be a marked or an unmarked area adjacent to an EV 
charger.
* * * * *

ADA Chapter 2: Scoping Requirements

* * * * *
    206.2.1 Site Arrival Points. At least one accessible route shall be 
provided within the site from accessible parking spaces, accessible EV 
charging spaces, and accessible passenger loading zones; public streets 
and sidewalks; and public transportation stops to the accessible 
building or facility entrance they serve.
    Exceptions: 1. Where exceptions for alterations to qualified 
historic buildings or facilities are permitted by 202.5, no more than 
one accessible route from a site arrival point to an accessible 
entrance shall be required.
    2. An accessible route shall not be required between site arrival 
points and the building or facility entrance if the only means of 
access between them is a vehicular way not providing pedestrian access.
* * * * *
    216.13 [RESERVED]
    216.14 EV Charging Spaces. EV charging spaces complying with 507 
shall be identified by signs complying with 507.6.
    Exceptions: 1. Where a total of four or fewer EV charging spaces, 
including accessible EV charging spaces, are provided on a site, 
identification of accessible EV charging spaces shall not be required.
    2. In residential facilities, where EV charging spaces are assigned 
to specific residential dwelling units, identification of accessible EV 
charging spaces shall not be required.
* * * * *
    244 -248 [RESERVED]
    249 EV Charging Stations.
    249.1 General. Where EV charging stations are provided, EV chargers 
and EV charging spaces shall be provided in accordance with 249.
    Exception: EV charging stations used exclusively for buses, trucks, 
other delivery vehicles, and law enforcement vehicles, shall not be 
required to comply with this section 249.
    249.2 EV Chargers. EV Chargers shall comply with 506.
    249.3 EV Charging Spaces.
    249.3.1 Minimum Number. EV charging spaces complying with 507 shall 
be provided in accordance with Table 249.3.1 except as required by 
249.3.1.1. Where there is more than one EV charging station on a site, 
the number of EV charging spaces complying with 507 shall be calculated 
according to the number of EV charging spaces at each charging station. 
Where there is more than one level of EV charger at an EV charging 
station, the number of EV charging spaces complying with 507 shall be 
based on the number of spaces available for each level. Accessible EV 
charging spaces shall not count toward the minimum number of accessible 
car and van parking spaces required in a parking facility by 208.2.

                    Table 249.3.1--EV Charging Spaces
------------------------------------------------------------------------
   Total number of EV charging spaces       Minimum number of required
   provided at an EV charging station     accessible EV charging spaces
------------------------------------------------------------------------
1 to 25................................  1.
26 to 50...............................  2.
51 to 75...............................  3.
76 to 100..............................  4.
101 to 150.............................  5.
151 to 00..............................  6.
201 to 300.............................  7.
301 to 400.............................  8.
401 to 500.............................  9.
501 to 1000............................  2 percent of total.
1001 and over..........................  20, plus 1 for each 100, or
                                          fraction thereof, over 1000.
------------------------------------------------------------------------

    249.3.1.2 Residential Facilities. EV charging spaces serving 
residential facilities shall comply with 249.3.1.2.
    249.3.1.2.1 EV Charging Spaces for Residents. Where at least one EV 
charging space is provided for each residential dwelling unit, at least 
one EV charging space complying with 507 shall be provided for each 
residential dwelling unit with mobility features required to comply 
with 809.2 through 809.4.
    249.3.1.2.2 Shared-use EV Charging Spaces for Residents. Where the 
number of EV charging spaces is fewer than the number of residential 
dwelling units, then the number of EV charging spaces complying with 
507 shall be provided in accordance with Table 249.3.1.
    249.3.1.2.3 EV Charging Spaces for Guests, Employees, and Other 
Non-

[[Page 71227]]

Residents. Where EV charging spaces are provided for persons other than 
residents, EV charging spaces complying with 507 shall be provided in 
accordance with Table 249.3.1.
    249.3.2 Location. EV charging spaces shall comply with 249.3.2.
    249.3.2.1 General. EV charging spaces complying with 507 that serve 
a particular building or facility shall be located on the shortest 
accessible route from the EV charging spaces to an entrance complying 
with 206.4 relative to other charging spaces at the same EV charging 
station. Sites with EV charging stations as the primary function shall 
include accessible routes that connect EV charging spaces complying 
with 507 to any amenities on the site and, if provided, pedestrian 
routes in the public way.
    Exception: EV Charging spaces complying with 507 shall be permitted 
to be located at different EV charging stations if substantially 
equivalent or greater accessibility is provided in terms of distance 
from an accessible entrance, fees, or user convenience.
    249.3.2.2 Residential Facilities. In residential facilities 
containing residential dwelling units required to provide mobility 
features complying with 809.2 through 809.4, EV charging spaces 
provided in accordance with 249.3.1.2.1 shall be located on the 
shortest accessible route to the residential dwelling unit entrance 
they serve relative to other EV charging spaces at the same charging 
station. EV charging spaces provided in accordance with 249.3.1.2.2 
shall be dispersed throughout all types of EV charging stations (e.g., 
covered, garage, charging level) provided for the residential dwelling 
units.
    Exception: EV charging spaces provided in accordance with 
249.3.1.2.2 shall not be required to be dispersed throughout all types 
of EV charging stations if substantially equivalent or greater 
accessibility is provided in terms of distance from an accessible 
entrance, charging level, fees, and user convenience.
0
4. In appendix C,
0
a. Amend ABA Chapter 1 by:
0
i. Revising section F105.1 and the introductory text of F105.2;
0
ii. Adding section F105.2.6;
0
iii. In section F106.5 adding definitions for ``Charging port``, 
``Connector'', ``Electric vehicle'', ``EV charger'', EV supply 
equipment'', EV charging station'', EV charging space''; and
0
b. Amend ABA Chapter 2 by:
0
i. Revising section F206.2.1;
0
ii. Adding section F216.14; and
0
iii. Adding section F249;
0
iv. Removing the text ``Chapter 1)'' everywhere it appears and adding, 
in its place, the text ``F105)''.
    The revisions and additions read as follows:

Appendix C to Part 1191--Architectural Barriers Act: Scoping

ABA Chapter 1: Application and Administration

* * * * *
    F105.1 General. The standards listed in F105.2 of this appendix C 
are incorporated by reference into this appendix C and appendix D to 
this part with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available at the U.S. Access Board and at 
the National Archives and Records Administration (NARA). Contact USAB 
at: 1331 F Street NW, Suite 1000, Washington, DC 20004; (202) 272-0080; 
or board.gov">info@access-board.gov. For information on the availability of this 
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The material may be obtained 
from the sources in section F105.2.
    F105.2 Reference Standards. Referenced standards. The specific 
edition of the standards listed in this section are referenced 
elsewhere in this appendix C and appendix D to this part. Where 
differences occur between these appendices and the referenced 
standards, these appendices apply.
* * * * *
    F105.2.6 TIA-1083-B
    Copies of the referenced standards may be obtained from the 
Telecommunications Industry (TIA), 1320 North Courthouse Road, Suite 
890, Arlington, VA 22201; (800) 332-6077; [email protected]; 
https://store.accuristech.com/tia. TIA 1083-B Telecommunications--
Communications Products --Handset Magnetic Measurement Procedures and 
Performance Requirements, October 2015 (see 709.7.2.2).
* * * * *
    F106.5 Defined Terms.
    Charging port. The system within an electric vehicle (EV) charger 
that charges one (1) EV. A charging port may have multiple connectors, 
but it can only provide power to charge one EV through one connector at 
a time.
* * * * *
    Connector. The device that attaches an EV to a charging port in 
order to transfer electricity.
* * * * *
    Electric Vehicle (EV). A motor vehicle that is either partially or 
fully powered on electric power received from an external power source. 
This definition does not include golf carts, electric bicycles, or 
other micromobility devices.
* * * * *
    EV Charger. A device with one or more charging ports and connectors 
for charging EVs. An EV charger is also called electric vehicle supply 
equipment (EVSE).
    EV Supply Equipment. See EV Charger.
    EV Charging Station. The area in the immediate vicinity of a group 
of EV chargers including the EV chargers, supporting equipment, EV 
charging space adjacent to the EV chargers, and lanes for vehicle 
ingress and egress. An EV charging station may be only part of the 
property on which it is located. An EV charging station may include 
only one EV charging space.
    EV Charging Space. A space to park an EV while charging. An EV 
charging space may be a marked or an unmarked area adjacent to an EV 
charger.
* * * * *

ABA Chapter 2: Scoping Requirements

* * * * *
    F206.2.1 Site Arrival Points. At least one accessible route shall 
be provided within the site from accessible parking spaces, accessible 
EV charging spaces, and accessible passenger loading zones; public 
streets and sidewalks; and public transportation stops to the 
accessible building or facility entrance they serve.
    Exceptions: 1. Where exceptions for alterations to qualified 
historic buildings or facilities are permitted by F202.5, no more than 
one accessible route from a site arrival point to an accessible 
entrance shall be required.
    2. An accessible route shall not be required between site arrival 
points and the building or facility entrance if the only means of 
access between them is a vehicular way not providing pedestrian access.
* * * * *
    F216.14 EV Charging Spaces. EV charging spaces complying with 507 
shall be identified by signs complying with 507.6.
    Exceptions: 1. Where a total of four or fewer EV charging spaces, 
including accessible EV charging spaces are provided on a site, 
identification of accessible EV charging spaces shall not be required.
    2. In residential facilities, where EV charging spaces are assigned 
to specific residential dwelling units, identification of accessible EV 
charging spaces shall not be required.
* * * * *

[[Page 71228]]

    F249 EV Charging Stations.
    F249.1 General. Where EV charging stations are provided, EV 
chargers and EV charging spaces shall be provided in accordance with 
F249.
    Exception: EV charging stations used exclusively for buses, trucks, 
other delivery vehicles, and law enforcement vehicles, shall not be 
required to comply with F249.
    F249.2 EV Chargers. EV Chargers shall comply with 506.
    F249.3 EV Charging Spaces.
    F249.3.1 Minimum Number. EV charging spaces complying with 507 
shall be provided in accordance with Table F249.3.1 except as required 
by F249.3.1.1. Where there is more than one EV charging station on a 
site, the number of EV charging spaces complying with 507 shall be 
calculated according to the number of EV charging spaces at each 
charging station. Where there is more than one level of EV charger at 
an EV charging station, the number of EV charging spaces complying with 
507 shall be based on the number of spaces available for each level. 
Accessible EV charging spaces shall not count toward the minimum number 
of accessible car and van parking spaces required in a parking facility 
by F208.2.

                   Table F249.3.1--EV Charging Spaces
------------------------------------------------------------------------
   Total number of EV charging spaces       Minimum number of required
   provided at an EV charging station     accessible EV charging spaces
------------------------------------------------------------------------
1 to 25................................  1.
26 to 50...............................  2.
51 to 75...............................  3.
76 to 100..............................  4.
101 to 150.............................  5.
151 to 200.............................  6.
201 to 300.............................  7.
301 to 400.............................  8.
401 to 500.............................  9.
501 to 1000............................  2 percent of total.
1001 and over..........................  20, plus 1 for each 100, or
                                          fraction thereof, over 1000.
------------------------------------------------------------------------

    F249.3.1.2 Residential Facilities. EV charging spaces serving 
residential facilities shall comply with F249.3.1.2.
    F249.3.1.2.1 EV Charging Spaces for Residents. Where at least one 
EV charging space is provided for each residential dwelling unit, at 
least one EV charging space complying with 507 shall be provided for 
each residential dwelling unit with mobility features required to 
comply with 809.2 through 809.4.
    F249.3.1.2.2 Shared-use EV Charging Spaces for Residents. Where the 
number of EV charging spaces is fewer than the number of residential 
dwelling units, then the number of EV charging spaces complying with 
507 shall be provided in accordance with Table F249.3.1.
    F249.3.1.2.3 EV Charging Spaces for Guests, Employees, and Other 
Non-Residents. Where EV charging spaces are provided for persons other 
than residents, EV charging spaces complying with 507 shall be provided 
in accordance with Table F249.3.1.
    F249.3.2 Location. EV charging spaces shall comply with F249.3.2.
    F249.3.2.1 General. EV charging spaces complying with 507 that 
serve a particular building or facility shall be located on the 
shortest accessible route from the EV charging spaces to an entrance 
complying with F206.4 relative to other charging spaces at the same EV 
charging station. Sites with EV charging stations as the primary 
function shall include accessible routes that connect EV charging 
spaces complying with 507 to any amenities on the site and, if 
provided, pedestrian routes in the public way.
    Exception: EV Charging spaces complying with 507 shall be permitted 
to be located at different EV charging stations if substantially 
equivalent or greater accessibility is provided in terms of distance 
from an accessible entrance, fees, or user convenience.
    F249.3.2.2 Residential Facilities. In residential facilities 
containing residential dwelling units required to provide mobility 
features complying with 809.2 through 809.4, EV charging spaces 
provided in accordance with F249.3.1.2.1 shall be located on the 
shortest accessible route to the residential dwelling unit entrance 
they serve relative to other EV charging spaces at the same charging 
station. EV charging spaces provided in accordance with F249.3.1.2.2 
shall be dispersed throughout all types of EV charging stations (e.g., 
covered, garage, charging level) provided for the residential dwelling 
units.
    Exception: EV charging spaces provided in accordance with 
F249.3.1.2.2 shall not be required to be dispersed throughout all types 
of EV charging stations if substantially equivalent or greater 
accessibility is provided in terms of distance from an accessible 
entrance, charging level, fees, and user convenience.
0
5. In appendix D,
0
a. Amend Chapter 5 by adding sections 506 and 507;
0
b. Amend Chapter 7 by adding section 709; and
0
c. Remove the text `` ``Referenced Standards'' in Chapter 1'' 
everywhere it appears and add, in its place, the text ``105 or F105, as 
applicable''.
    The additions read as follows:

Chapter 5--General Site and Building Elements

* * * * *

Appendix D to Part 1191--Technical

506 EV Charger

    506.1 Communication Features. EV Charger user interfaces shall have 
communication features complying with 709, except that 709.3.1 shall 
apply only to those EV chargers with mobility features complying with 
506.2.
    506.2 Mobility Features. EV chargers associated with EV charging 
spaces required to comply with 507 shall comply with 506.2 and 709.3.1.
    506.2.1 Clear Floor or Ground Space. EV chargers shall have clear 
floor or ground space complying with 305 positioned for a parallel 
approach to the charger and centered on the operable part.
    Exception: Where there are multiple operable parts, the clear floor 
or ground space shall be centered on the EV charger.
    506.2.2 Reach Range and Operation. EV Charger controls shall comply 
with 308.3.1 and 309.4.

[[Page 71229]]

    506.2.3 EV Charger Cables. EV Charger cables that exceed a weight 
of 5 pounds (22.2N) shall include a cable management system.

507 EV Charging Spaces

    507.1 General. EV charging spaces shall comply with 507. Where EV 
charging spaces are marked with lines, width measurements of EV 
charging spaces and access aisles shall be made from the centerline of 
the markings.
    Exception: Where EV charging spaces or access aisles are not 
adjacent to another EV charging space, access aisle, or parking space, 
measurements shall be permitted to include the full width of the line 
defining the EV charging space or access aisle.
    507.2 Size of EV Charging Spaces. EV charging spaces shall be 132 
inches (3350 mm) wide minimum and 240 inches (6096 mm) long minimum, 
shall be marked to define the width and length, and shall have an 
access aisle complying with 507.3.
    Exceptions: 1. EV charging spaces located at a pull through EV 
charging station shall be 192 inches wide minimum and shall not be 
required to provide an access aisle.
    2: EV charging spaces at a pull through EV charging station shall 
not be required to be marked.
    507.3 Access Aisle. Access aisles serving EV charging spaces shall 
comply with 507.3. Two EV charging spaces, or one parking space and one 
EV charging space, shall be permitted to share a common access aisle.
    507.3.1 EV charging spaces with manual connectors. Access aisles 
shall adjoin an accessible route to the EV charger serving the EV 
charging space and, where applicable, an accessible route to the 
building or facility entrance that they serve, amenities on site, or 
pedestrian routes in the public way.
    507.3.2 EV charging spaces with touchless or automated EV 
connectors. Access aisles shall adjoin an accessible route to the 
payment device serving the EV charging space, where applicable, an 
accessible route to the building or facility entrance that they serve, 
amenities on site, or pedestrian routes in the public way.
    507.3.3 Width. Access aisles serving EV charging spaces shall be 60 
inches (1525 mm) wide minimum.
    507.3.4 Length. Access aisles shall extend the full length of the 
EV charging space they serve.
    507.3.5 Marking. Access aisles shall be marked so as to discourage 
parking in them.
    507.3.6 Location. Access aisles shall not overlap the vehicular 
way. Access aisles shall be permitted to be placed on either side of 
the EV charging space.
    507.4 Floor or Ground Surfaces. Floor or ground surfaces of EV 
charging spaces and access aisles serving them shall comply with 302. 
Access aisles shall be at the same level as the EV charging spaces they 
serve. Changes in level are not permitted.
    Exceptions: 1. Slopes not steeper than 1:48 shall be permitted.
    2. Changes in level created by in-ground connectors are permitted 
on the EV charging space. In-ground connectors shall not be located in 
the access aisle.
    507.5 Vertical Clearance. EV charging spaces, access aisles, and 
vehicular routes serving them shall provide a vertical clearance of 98 
inches (2490 mm) minimum.
    507.6 Identification. EV charging space identification signs shall 
include the International Symbol of Accessibility complying with 
703.7.2.1. Signs shall be 60 inches (1525 mm) minimum above the finish 
floor or ground surface measured to the bottom of the sign.
    507.7 Relationship to Accessible Routes. EV charging spaces and 
access aisles shall be designed so that vehicles in the space cannot 
obstruct the required clear width of adjacent accessible routes.

Chapter 7: Communication Elements and Features

* * * * *

709 EV Charger Communication Elements and Features

    709.1 General. Where EV chargers have communication features, they 
shall comply with 709, except that 709.3.1 shall apply only to EV 
chargers with mobility features complying with 506.2.
    709.2 Volume. EV chargers that deliver sound shall provide volume 
control and output amplification conforming to 709.2.
    Exception: EV chargers conforming to 709.7.2 shall not be required 
to conform to 709.2.
    709.2.1 Private Listening. An EV charger that allows for private 
listening shall provide a mode of operation for controlling the volume.
    709.2.2 Non-private Listening. An EV charger that provides non-
private listening shall include an incremental volume control with 
output amplification up to a level of at least 65 dB. A function shall 
be provided to automatically reset the volume to the default level 
after every use.
    709.3 Display Screen. The display screen shall comply with 709.3
    709.3.1 Visibility. The content on the display screen of EV 
chargers with mobility features complying with 506.2 shall be visible 
from a point located 40 inches (1015mm) above the center of the clear 
floor or ground space in front of the EV Charger.
    709.3.2 Characters. At least one mode of characters displayed on 
the screen shall be in a sans serif font. Where an EV charger does not 
provide a screen enlargement feature, characters shall be \3/16\ inch 
(4.8 mm) high minimum based on the uppercase letter ``I''. Characters 
shall contrast with their background with either light characters on a 
dark background or dark characters on a light background.
    709.3.3 Flashing. There shall be no more than three flashes in any 
one-second period.
    709.4 Status Indicators. Where provided, status indicators shall be 
discernible visually and by touch or sound.
    709.5 Color Coding. Where provided, color coding shall not be used 
as the only means of conveying information, indicating an action, 
prompting a response, or distinguishing a visual element.
    709.6 Audible Signals. Where provided, audible signals or cues 
shall not be used as the only means of conveying information, 
indicating an action, or prompting a response.
    709.7 EV Charger with Two-Way Voice Communication.
    709.7.1 General. EV chargers that provide two-way voice 
communication shall conform to 709.7.
    709.7.2 Handsets. Where provided, devices designed to be held to 
the ear shall provide volume gain conforming to 47 CFR 68.317. If the 
device is corded, the cord shall be 29 inches (735 mm) long minimum.
    709.7.2.2 Interference Reduction and Magnetic Coupling. Handsets 
shall reduce interference with hearing technologies and provide a means 
for effective magnetic wireless coupling in conformance with to TIA-
1083-B (incorporated by reference, see 105 or F105, as applicable).
    709.7.3 Video Communication. Where the EV charger provides real-
time video functionality, the quality of the video shall be sufficient 
to support communication using sign language.
    709.8 Caption Processing Technologies. Where EV charger displays or 
processes video with audio, synchronized captioning of the audio shall 
be provided.

    Approved by vote of the Access Board on November 13, 2023.
Christopher Kuczynski,
General Counsel.
[FR Doc. 2024-18820 Filed 8-30-24; 8:45 am]
BILLING CODE 8150-01-P