Federal Register / Vol. 89, No.

170 / Tuesday, September 3, 2024 / Proposed Rules 71215

between the disregarded payment entity mismatch rules has the meaning • Mail: Office of General Counsel,
and its tax owner (for example, a provided in § 1.267A–5(a)(10). U.S. Access Board, 1331 F Street NW,
payment by the disregarded payment * * * * * Suite 1000, Washington, DC 20004–
entity to the specified domestic owner 1111.
or to another disregarded payment § 1.1503(d)–7 [Corrected] Instructions: All submissions must
entity of the specified domestic ■ 5. On page 64774, in the second include the docket number (ATBCB–
owner).’’. column, amendatory instruction 7.12 for 2023–0001) for this regulatory action.
§ 1.1503(d)–7 is corrected to read ‘‘In All comments received will be posted
§ 1.1502–13 [Corrected] paragraph (c)(26)(i), removing the without change to http://
■ 3. On page 64768, in the first column, language from the sixth sentence ‘all of www.regulations.gov, including any
in § 1.1502–13, the first sentence of the interests’ and adding the language personal information provided.
paragraph (j)(15)(x)(C) is corrected to ‘90 percent of the interests’ in its Docket: For access to the docket to
read ‘‘The facts are the same as in place.’’. read background documents or
paragraph (j)(15)(x)(A) of this section, comments received, go to https://
Oluwafunmilayo A. Taylor,
except that for the years at issue, B’s www.regulations.gov/docket/ATBCB-
Chief, Publications and Regulations Section,
interest expense deduction would be Associate Chief Counsel (Procedure and 2024-0001.
limited under the domestic use Administration). FOR FURTHER INFORMATION CONTACT:
limitation rule of § 1.1503(d)–4(b) (and [FR Doc. 2024–19027 Filed 8–30–24; 8:45 am] Accessibility Specialist Juliet Shoultz,
no exception under § 1.1503(d)–6 (202) 272–0045, shoultz@access-
BILLING CODE 4830–01–P
applies) and is not currently board.gov; or Attorney Advisor Wendy
deductible.’’. Marshall, (202) 272–0043, marshall@
■ 4. Starting on page 64771, in access-board.gov.
amendatory instruction 3, in ARCHITECTURAL AND
TRANSPORTATION BARRIERS SUPPLEMENTARY INFORMATION:
§ 1.1503(d)–1:
COMPLIANCE BOARD I. Introduction
■ a. On page 64771, in the second
column, paragraph (d)(6)(ii)(C)(2) is 36 CFR Part 1191 The U.S. Access Board is proposing to
corrected. revise and update its accessibility
■ b. On page 64771, in the second and [Docket No. ATBCB–2024–0001]
guidelines at 36 CFR 1191 for buildings
third columns, paragraph (d)(6)(ii)(D)(2) RIN 3014–AA48 and facilities covered by the Americans
is corrected. with Disabilities Act of 1990 (ADA) and
■ c. On page 64772, in the second Americans With Disabilities Act and the Architectural Barriers Act of 1968
column, the last sentence of paragraph Architectural Barriers Act Accessibility (ABA) to address the accessibility of EV
(d)(7)(v) is corrected. Guidelines; EV Charging Stations charging stations covered by the ADA,
The corrections read as follows: as well as EV charging stations owned
AGENCY: Architectural and
§ 1.1503(d)–1 [Corrected] Transportation Barriers Compliance or managed by or on behalf of the
Board. federal government. These guidelines
* * * * *
ACTION: Notice of proposed rulemaking. cover new construction and alterations
(d) * * *
and serve as the basis for enforceable
(6) * * * SUMMARY: The Architectural and standards once adopted by other Federal
(ii) * * * Transportation Barriers Compliance agencies. The ADA applies to places of
(C) * * * Board (hereafter, ‘‘Access Board’’ or public accommodation, commercial
(2) The payment, accrual, or other ‘‘Board’’), is issuing this notice of facilities and State and local
transaction giving rise to the item is proposed rulemaking to amend the government facilities. The ABA covers
disregarded for U.S. tax purposes as a accessibility guidelines for buildings facilities designed, built, altered with
transaction between a disregarded entity and facilities covered by the Americans Federal funds or leased by Federal
and its tax owner (for example, a with Disabilities Act of 1990 (ADA) and agencies. The purpose of this proposed
payment by a disregarded entity to its the Architectural Barriers Act of 1968 rule is to set minimum guidelines to
tax owner or to another disregarded (ABA) to specifically address the ensure that EV charging stations are
entity held by its tax owner, or a accessibility of Electric Vehicle readily accessible to and usable by
payment from a dual resident Charging stations. This proposed rule persons with disabilities, including both
corporation to its disregarded entity. provides specifications for the physical access to the EV charging
* * * * * accessibility of EV charging stations, to station and access to the interface to
(D) include the EV charger (including operate and pay for the charging
(2) The payment, accrual, or other physical and communication access), session. As electric vehicles become
transaction giving rise to the item is EV charging space, access aisles, and more numerous, and with the current
disregarded for U.S. tax purposes as a accessible routes. effort to increase the number of EV
transaction between a disregarded entity DATES: Send comments on or before charging stations across the United
and its tax owner (for example, because November 4, 2024. States, it is imperative that these EV
it is a payment to a disregarded entity ADDRESSES: You may submit comments, charging stations are accessible to and
from the disregarded entity’s tax owner identified by docket number ATBCB– usable by people with disabilities.
or from another disregarded entity held Key accessible features addressed in
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2024–0001, by any of the following

by its tax owner, or a payment to a dual methods: this proposed rule for EV charging
resident corporation from its • Federal eRulemaking Portal: http:// stations include: scoping (including
disregarded entity). www.regulations.gov. Follow the minimum number of accessible EV
* * * * * instructions for submitting comments. charging spaces at each EV charging
(7) * * * • Email: [email protected]. station); accessible routes; mobility
(v) * * * For purposes of this Include docket number ATBCB–2024– features of the EV charger; operable
paragraph (d)(7)(v), the term hybrid 0001 in the subject line of the message. parts; accessibility of the EV charging

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 71216 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules

space; signage; and communication III. Need for Accessibility Guidelines provided recommendations for areas not
elements and features. for EV Charging Stations covered by the current Standards. In
These guidelines, once adopted by the Electric Vehicle (EV) charging stations this rulemaking, the Board intends to
are becoming commonplace with the specifically address EV charging
enforcement authorities, will require all
rising production and use of electric and stations throughout the ADA and ABA
new construction of EV charging
plug-in hybrid vehicles. According to Guidelines for buildings and sites to
stations to be fully compliant with the provide clear specifications that will
technical specifications for accessibility. the U.S. Department of Energy, there are
nearly 50,000 public EV charging ensure that EV charging stations are
Existing EV charging stations will need accessible to and usable by individuals
to be made compliant as they are altered stations with almost 127,000 charging
ports across the country. Additionally, with disabilities.
in the future, to the maximum extent The NEVI Standards and
feasible if existing physical constraints on November 15, 2021, President Biden
Requirements, which sets minimum
prevent full compliance. signed the Infrastructure Investment and
standards and requirements for projects
Jobs Act (P. L. 117–58) (commonly
funded under the NEVI Formula
II. Legal Authority referred to as the ‘‘Bipartisan
Program and projects for the
Infrastructure Law’’), which contains construction of publicly accessible EV
The Americans with Disabilities Act significant new funding for EV charging
(ADA) of 1990 charges the Access Board chargers under certain statutory
stations. Key new U.S. Department of authority, specify that the ADA of 1990
with developing and maintaining Transportation (USDOT) programs
minimum guidelines to ensure the and the implementing regulations apply
established by this legislation include to EV charging stations by prohibiting
accessibility and usability of the built the National Electric Vehicle (NEVI) discrimination on the basis of disability
environment in new construction, Formula Program ($5 billion) and the by public and private entities. 23 CFR
alterations, and additions. See 42 U.S.C. Discretionary Grant Program for 680.118(c). The NEVI Standards and
12101 et seq.; see also 29 U.S.C. Charging and Fueling Infrastructure Requirements further specify that EV
792(b)(3)(B) & (b)(10). The Access ($2.5 billion). The law also makes the charging projects under NEVI and
Board’s ADA Accessibility Guidelines installation of EV charging projects funded under Title 23 of the
(ADAAG) address buildings and infrastructure an eligible expense under Code of Federal Regulations must
facilities covered under Title II of the the USDOT Surface Transportation comply with the applicable accessibility
ADA (state and local government Block Grant formula program. standards adopted by DOT into its ADA
facilities) and Title III of the ADA The Bipartisan Infrastructure Law regulations (49 CFR part 37) in 2006,
(places of public accommodation and supports national goals of building a and by DOJ into its ADA regulations (28
commercial facilities). The ADAAG network of greater than 500,000 electric CFR parts 35 and 36) in 2010. 23 CFR
serve as the basis for legally enforceable vehicle chargers in the U.S. and 680.118(c). Additionally, in the
accessibility standards issued by the ensuring that EVs make up at least 50% preamble to the NEVI final rule, FHWA
Department of Justice (DOJ) and the of new car sales by 2030. See Fact Sheet: recommended that EV charging stations
Department of Transportation (DOT), Biden-Harris Administration be designed and constructed according
Announces New Standards and Major to the Access Board’s technical
the federal entities responsible for
Progress for a Made-in-America assistance document, Design
implementing and enforcing the ADA’s
National Network of Electric Vehicle Recommendations for Accessible
non-discrimination provisions related to
Chargers, available at https:// Electric Vehicle Charging Stations, until
buildings and facilities in new www.whitehouse.gov/briefing-room/
construction, alterations, and additions. the Board revises the ADAAG to
statements-releases/2023/02/15/fact- specifically address EV charging
The Access Board has a similar sheet-biden-harris-administration- stations. 88 FR 12724,12750 (March 30,
responsibility under the Architectural announces-new-standards-and-major- 2023).
Barriers Act (ABA) of 1968, which progress-for-a-made-in-america-
requires that buildings and facilities national-network-of-electric-vehicle- IV. Organization of Rule Text/Approach
designed, built, or altered with certain chargers/ (last accessed, January 4, The Access Board’s ADA and ABA
federal funds or leased by federal 2024). Additionally, California’s Air Accessibility Guidelines are
agencies be accessible to people with Resources Board has approved the promulgated in the Appendices of 36
disabilities. See 42 U.S.C. 4151 et seq. Advanced Clean Cars II rule, which CFR 1191. The regulation is broken
The ABA charges the Access Board with requires that 100% of new cars and light down into scoping for the ADA
developing and maintaining minimum trucks sold in California be zero- (Appendix B), scoping for the ABA
guidelines for covered buildings and emission vehicles by 2035. Cal. Code (Appendix C) and the technical
facilities. The Board’s ABA Regs tit. 13 § 1900, et. seq. (2023). provisions (Appendix D) which apply to
Accessibility Guidelines (ABAAG) serve With the new funding for the both the ADA and the ABA. In this
as the basis for enforceable standards installation of EV charging stations, NPRM, the Board is proposing to add
issued by four standard-setting agencies: USDOT approached the Access Board to new provisions to address EV charging
the Department of Defense, the General provide guidance on how to design and stations in both scoping sections for the
Services Administration, the install accessible EV charging stations in ADA and the ABA, as well as in the
accordance with the ADA and ABA. On technical provisions. The proposed
Department of Housing and Urban
July 21, 2022, the Access Board issued provisions for the ADA and the ABA
Development, and the U.S. Postal
a technical assistance document, Design
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scoping sections are identical and will

Service.
Recommendations for Accessible be discussed together below.
Under both the ADA and the ABA, Electric Vehicle Charging Stations, to Additionally, the Board will be
the Access Board maintains these assist with the design and construction proposing commensurate updates to
accessibility guidelines, which includes of accessible EV charging stations. This Appendix A, which is the table of
updating the current requirements and document laid out the existing ADA, contents.
addressing new technology as it is ABA, and Section 508 Standards that The proposed specifications will
developed. applied to EV charging stations and also address the accessibility of EV charging

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 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules 71217

stations, including: scoping (accessible B. Chapter 2: Scoping Requirements complying with 507.6. The Board
routes, signs, and EV charging stations); proposes two exceptions to the sign
206/F206 Accessible Routes
EV chargers; EV charging spaces requirement. The first allows for no
associated with the accessible EV This rule proposes to add ‘‘accessible signage indicating the accessible EV
charger; and communication elements EV charging spaces’’ in both 206.2.1 and charging space, where a total of four or
and features. F206.2.1 to the list of areas from which fewer EV charging spaces are provided
an accessible route must be provided on a site. This exception is the same as
The Board has looked to its existing within a site to the accessible building
accessible parking requirements as a the exception in 216.5 accessible
or facility entrance they serve. This parking spaces and is intended to
starting point in determining scoping for provision currently requires such an mitigate the impact of a reserved space
and the design of accessible EV charging accessible route from the accessible
on a small EV charging station. This
spaces; however, the specifications for parking spaces, accessible passenger
proposal would still require an
EV charging spaces warrant different loading zones, public streets and
accessible EV charging space to be
treatment as there are significant sidewalks, and public transportation
stops. For EV charging stations built as provided, but not require the space to be
differences between parking spaces and
standalone stations, more akin to a gas identified as reserved only for people
EV charging spaces, particularly
station, which also provides a facility to with a disability in situations where
concerning the space required for only four or fewer EV charging spaces
individuals who use mobility devices to buy snacks, use the restroom or a lounge
to relax in, there must be an accessible are provided on a site.
operate EV chargers independently.
These differences are discussed more route from the accessible EV charging Question 1. The Board seeks input on
fully in the section-by-section analysis space to the facility. the proposed number of EV charging
The Board understands that many EV spaces (four or fewer) which would
that follows, and in the discussion of
charging stations are being placed in exempt a site from reserving the
507.2 specifically. existing parking lots. For example, an accessible space for a person with a
V. Section-by-Section Analysis EV charging station that is put into the disability. Is there a reason to increase
parking lot of a store would need to or decrease the proposed number of
In Chapter 1 and Chapter 2, the Board ensure that an accessible route is spaces?
is proposing mirror provisions for the provided from the accessible EV
ADA and the ABA to provide scoping charging space to the accessible The second exception, also the same
for the applicable technical provisions entrance of the store. The Board notes as the second exception in 216.5
in Appendix D (Chapters 3 to 7). that when EV charging stations are applicable to accessible parking spaces,
being placed in existing parking lots of applies only in residential facilities and
A. Chapter 1: Application and malls, grocery stores, and department permits identification of accessible EV
Administration stores, they are often placed away from charging spaces to be omitted if the
the entrance of the building, in the back space is assigned to a specific
105/F105 Referenced Standards
or side of the parking lot due to residential dwelling unit. If the space is
TIA 1083–B, Telephone Terminal necessary access to utilities and other already reserved for a specific unit, no
Equipment Handset Magnetic constraints. Regardless of placement, an reserved signage is necessary.
Measurement Procedures and accessible route must be provided to 249/F249 EV Charging Stations
Performance requirements would be ensure that the person with a disability
incorporated by reference at 709.7.3. whose vehicle is charging can access the Section 249/F249 proposes the
This standard defines measurement building or facility, just like an minimum number of EV chargers and
procedures and performance individual without a disability. Even EV EV charging spaces required to be
requirements for the handset generated fast charging can take up to one hour for accessible. This section addresses the
audio band magnetic noise of wire line a total charge, increasing the likelihood accessibility of both EV chargers and the
telephones, including handsets which that individuals will go into nearby associated EV charging spaces. In 249.1/
might be integrated into an EV Charger. facilities to shop, use the restroom or F249.1 General, the Board is proposing
buy snacks. Individuals with disabilities an exception from compliance for EV
This standard is consistent with current
must be able to get to the accessible charging stations used exclusively for
telecommunications industry practice.
entrance of these facilities, just as buses, trucks, other delivery vehicles,
106/F106 Definitions individuals without disabilities can get and law enforcement vehicles. This
to an entrance. exception is akin to the exception in
This rule proposes to add seven new While the Board is not proposing any section 208 for accessible parking
defined terms to 106 and F106 to changes to Section 206.2.2/F206.2.2 spaces and is provided to alleviate the
address the application of the guidelines Accessible Route Within a Site, this requirement for accessible spaces at EV
to EV chargers. These definitions are provision will apply to EV charging charging stations that only service these
consistent with current industry stations and will require that at least types of vehicles.
standards and are consistent with the one accessible route connect the
definitions used by the Department of accessible EV charging space with In section 249.2/F249.2 EV Chargers,
accessible buildings, facilities, elements the Board proposes to require all EV
Transportation in its recent National
and spaces that are on the same site. chargers to comply with proposed
Electric Vehicle Infrastructure
Section 506, which contains
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Standards and Requirements Final Rule, 216/F216 Signs requirements regarding accessible
88 FR12724 (Feb. 28, 2023) (codified at
The Board is proposing to add a new communication features for all EV
23 CFR part 680). The proposed chargers, and requirements for
provision to address signage for
definitions include charging port, accessible EV charging spaces in both accessible mobility features for those EV
connector, electric vehicle, EV charger, 216.14 and F216.14. This provision chargers associated with accessible EV
EV supply equipment, EV charging would require accessible EV charging charging spaces as required by 249.3/
station, and EV charging space. spaces to be identified with a sign F249.3.

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 71218 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules

249.3/F249.3 EV Charging Spaces charging spaces but would allow anyone of distance from an accessible entrance
The Board proposes to require a to use them if all other spaces are or entrances, fees, and user
specified minimum number of occupied. This alternative proposal is convenience. For example, if a site had
accessible EV charging spaces on a discussed in Section VI, below. two EV charging stations and each
The Board is also proposing separate station was required to have one
sliding scale dependent on the number
scoping provisions for residential accessible EV charging space, it would
of EV charging spaces provided at each
facilities. Where EV charging spaces are be permissible to place both accessible
EV charging station as noted in Table
provided for each residential dwelling EV charging spaces at the EV charging
249.3.1/F249.3.1. The Board is also
unit, section 249.3.1.2 and F249.3.1.2 station that is closest to the accessible
proposing that where there is more than
would require that at least one entrance as long as the fees to use the
one EV charging station on a site, each
accessible EV charging space be charger are the same or less, and the
station shall be treated separately and
provided for each dwelling unit convenience to the user is the same or
the number of accessible EV charging
required to have mobility features better.
spaces would be calculated based on the complying with 809.4 through 809.9.
number of spaces at each EV charging Where EV charging spaces are not C. Chapter 5: General Site and Building
station. For example, if a site had two provided for each dwelling unit, EV Elements
EV charging stations, one with 10 EV charging spaces provided for residents,
charging spaces and the second with 506 EV Charger
guests, employees or other nonresidents
eight EV charging spaces, then each must be provided in accordance with In 506 the Board proposes a new
charging station would be required to Table 249.3.1. provision containing technical
have at least one accessible EV charging requirements for all EV chargers. In
space, whereas if the site had only one 249.3.2/F249.3.2 Location 506.1 the Board is proposing to require
EV charging station with 18 EV charging The Board is proposing that accessible that all EV chargers, whether or not they
spaces, then only one accessible space EV charging spaces that serve a are associated with an accessible EV
would be required. particular building or facility shall be charging space, provide accessible
The Board also proposes to scope the located on the shortest accessible route communication features in accordance
EV charging spaces within an EV from the EV charging station to the with the proposed 709, EV Charger
charging station separately if the EV accessible entrance, relative to other EV Communication Elements and Features,
charging station contains EV chargers of charging spaces at the same EV charging with the exception that 709.3.1
different levels. For example, if an EV station. For example, if a shopping (visibility) will only apply to EV
charging station on a site contains a center has an EV charging station chargers associated with an accessible
total of eight EV chargers, comprised of located at the back of its associated EV charging space. This universal
four Direct Current Fast Charging parking facility, then the accessible EV requirement for communication access
(DCFC) chargers and four Alternating charging space should be located on the will ensure that a person with a
Current (AC) Level 2 chargers, the shortest accessible route to the disability who needs only
number of required accessible spaces accessible entrance of the shopping communication access and is ineligible
would be calculated separately for each center in comparison to the other EV to use an accessible space and
type of charger. In this example, an charging spaces. This proposed accompanying EV charger, such as
accessible space would be required for requirement does not require that the someone who is deaf or hard of hearing,
the DCFC chargers, and an accessible accessible EV charging space be located can use any available EV charger.
space would be required for the AC at the front of the parking facility next Additionally, if accessible
Level 2 chargers. To ensure equitable to the accessible parking. communication features were restricted
Access to the available EV chargers, it As previously noted, the Board is to the EV chargers associated with
is imperative that a person with a aware that utility configurations and mobility accessible EV charging spaces,
disability be provided with the same other site-specific factors related to the the number of accessible EV charging
options as a person without a disability; installation of EV chargers may at times spaces needed, would greatly increase,
that is, someone with mobility dictate the location of the EV charging as the proposed number of accessible
accessibility needs must have a choice station within an established parking spaces only accounts for mobility needs.
of chargers at different charging levels if lot. This provision simply requires that Therefore, the Board is proposing that
various types of chargers are provided. the accessible EV charging space be the all EV charger user interfaces provide
The level of charger may affect cost and closest spot relative to other EV accessible communication features in
the amount of time to charge the charging spaces. This provision also accordance with 709.
vehicle. addresses the location of accessible EV Question 2: The Board seeks public
This provision also makes clear that charging spaces at a site where the input on the approach of requiring 100
accessible EV charging spaces will not primary function is EV charging. For percent of EV chargers to have an
count toward the minimum number of example, an EV charging station located accessible user interface.
accessible car and van parking spaces near amenities such as bathrooms, Question 3: The Board seeks
required in a parking facility by 208.2. stores, or pedestrian routes to the public information on the costs of providing
Parking spaces and EV charging spaces way, but not part of a particular facility, accessible user interfaces at EV charging
are scoped separately. must also include accessible routes that stations, specifically the cost per EV
The proposed Table 249.3.1/F249.3.1 connect the accessible EV charging charger, and how the cost per unit
provides for a sliding scale of required
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space to each of these amenities. would be affected by the requirement

accessible EV charging spaces similar to The Board proposes an exception to that all EV chargers have accessible
the requirements for accessible parking the location requirement for EV interfaces at an EV charger.
in 208.2/F208.2. However, the Board is Charging Spaces that would allow
also considering a different ‘‘use last’’ locating accessible EV charging spaces 506.2 Mobility Features
model to address the accessibility of EV at different EV charging stations on a In 506.2, the Board is proposing that
charging spaces. A ‘‘use last’’ model site, if substantially equivalent or EV chargers serving accessible EV
would require more accessible EV greater accessibility is provided in terms charging spaces provide accessible

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 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules 71219

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

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can be on any side of the vehicle, permitted to share a common access available to individuals with a
including, the front or rear), the driver aisle. The Board is proposing that access disability, and in practice means the
will have to pull in or back in, based on aisles serving accessible EV charging individual would need to have a state
where the inlet is located and where the spaces be a minimum of 60 inches wide, issued disability placard. The Access
EV charger is located. Based on these extend the full length of the EV charging Board is also proposing a ‘‘use last
considerations, the Board is proposing space they serve, and be marked so as model’’ as an alternative to the
an accessible EV charging space that is to discourage parking in them. Access ‘‘reserved model’’, which is discussed
larger than an accessible parking space. aisles may be placed on either side of below in Section VI.
The proposed dimensions will provide the EV charging space, but cannot
sufficient space for a person using a overlap the vehicular way. These 507.7 Relationship to Accessible
mobility device to exit and maneuver provisions are taken directly from the Routes
around the vehicle, retrieve the EV requirements for access aisles at
connector, and plug the connector into accessible parking spaces. Finally, the Board is proposing that
the EV charging inlet. The specified EV charging spaces and access aisles be
507.4 Floor or Ground Surfaces designed so that while vehicles charging
minimum length of 240 inches is to
provide for the additional The Board is proposing that EV they do not obstruct the required clear
maneuverability required to enable a charging spaces and access aisles width of adjacent accessible routes. For
person who uses a mobility device to comply with 302, which requires floor example, wheel stops are an effective
use the EV charger independently. and ground surfaces to be stable, firm, way to prevent vehicle overhangs from
The Board is proposing two and slip resistant. The Board is also reducing the clear width of an
exceptions to the size of the EV charging proposing that accessible EV charging accessible route. This is the same as the
space. Both exceptions apply to pull- spaces and the adjoining access aisles be current requirements for accessible
through EV charging stations to provide at the same level and that changes in parking spaces in 502.7.
ease of use and an adjacent vehicular level are not permitted. This is to ensure
someone can transfer to a mobility D. Chapter 7: Communication Elements
way. This would apply to a station set
up like a gas station at which there are device or deploy and traverse a ramp and Features
multiple EV charging stations where the from the vehicle, and then traverse the 709 EV Charger Communication
EVs line up and wait their turn to EV charging space and access aisle Elements and Features
charge and pull through after charging. safely.
These exceptions allow for spaces This section contains two proposed Many EV chargers have an electronic
without an access aisle as long as they exceptions. The first is that a slope not user interface and are similar to smart
are 192 inches wide and provide for an steeper than 1:48 be permitted. This parking meters or fare vending
adjacent vehicular way so vehicles can exception is also provided for in 502.4 machines. EV chargers that provide an
maneuver into and out of their charging for parking spaces and allows for electronic user interface must be
spaces. sufficient slope for drainage. The second accessible to and usable by people with
Additionally, the Board is considering exception is new and would permit a disabilities. Accessible communication
adding an exception to the proposed change in level created by in-ground features enable people who are deaf or
dimensions of the EV charging space connectors, so long as they are not hard of hearing, people with vision
where inductive charging is used. located in the access aisle. The impairments (but who drive), and other
Inductive charging occurs when the EV exceptions would permit an in-ground people with disabilities to use an EV
drives over and automatically connects connector, such as a wireless connector, charger. As noted above, the Access
to an in ground charger which prevents over which a vehicle is positioned in Board is proposing that all EV chargers
the driver from having to manually order to charge, to be installed within provide accessible communication
connect the EV charging cable to an the EV charging space. features and comply with 709, except
inlet. Because this technology would that 709.3.1 will apply only to EV
negate the need for the driver to 507.5 Vertical Clearance
chargers with mobility features
maneuver around the EV to the EV The Board is proposing a vertical
complying with 506. As explained
charger and then back to the EV to plug clearance requirement of 98 inches
below, 709.3.1 ensures that display
in the charging cable, the Board is minimum for EV charging spaces, access
screens are located at a height to be
considering providing an exception for aisles, and vehicular routes that service
compliance with the specified length of them. This is the same as the current visible to a person sitting in a mobility
the EV charging space. The specified requirements for vertical clearance of device. Many of the requirements for
width would still be required to ensure accessible parking in 502.5. communication proposed in this NPRM
that a user with a disability would be are similar to the provisions in the
507.6 Identification Access Board’s Revised Section 508
able to exit the vehicle and use the EV
charger if needed to start or pay for the The Board is proposing that accessible Standards. See 36 CFR 1194.1, App. A
charge. The accessible route to any EV charging spaces be identified with & C. The Access Board emphasizes that
onsite amenities or public right-of-ways the International Symbol of this proposed rule does not excuse full
would also be required. The Board is Accessibility (ISA), complying with compliance with Section 508 of the
seeking public comment on whether a 703.7.2.1, and that the sign be 60 inches Rehabilitation Act with respect to the
required length of accessible EV minimum above the ground surface communication features of any EV
measured to the bottom of the sign. If charging stations procured, maintained,
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charging spaces should be specified

when inductive charging is available. four or fewer EV charging spaces are or used by the federal government. The
located on a site, signage is not required, Revised 508 Standards are more
507.3 Access Aisle as proposed in 216.14 and discussed stringent than the proposed
The Access Board is proposing that above. Identifying accessible EV communication features in 709, and
two accessible EV charging spaces, or charging spaces with the International compliance with the Revised 508
one accessible parking space and one Symbol of Accessibility is the ‘‘reserved Standards would ensure compliance
accessible EV charging space, be model’’ in that those spaces are only with section 709 of this proposed rule.

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709.2 Volume 709.5 Color Coding 709.8 Caption Processing Technologies

In 709.2 the Board proposes that all Where provided, color coding cannot Where an EV charger displays or
EV chargers that deliver sound provide be used as the only means of conveying processes video with synchronized
information, indicating an action, audio, captioning of the audio shall be
volume control and output
prompting a response, or distinguishing
amplification. For private listening, the provided. For example, if a video of
a visual element. For example, a light
EV charger shall provide a mode of instructions on how to use the EV
that is illuminated red while the vehicle
operation to control the volume. For charger is provided with accompanying
is charging and then turns green when
non-private listening, the EV charger audio, the audio must be captioned.
the charge is complete cannot be the
shall include incremental volume only means of informing the user that VI. Use Last Model for EV Charging
control with output amplification up to the charge is complete. Spaces
a level of at least 65 dB and a function
shall be provided to automatically reset 709.6 Audible Signals The Access Board is considering an
the volume to the default level after Where provided, audible signals or alternative to the number of mobility
every use. The Board is proposing an cues shall not be the only means of accessible EV charging spaces currently
exception so that EV chargers conveying information, indicating an proposed in this NPRM. The current
complying with 709.7.2 Volume Gain action, or prompting a response. proposal follows a traditional
for EV Chargers with Two-Way Information conveyed with an audible ‘‘reserved’’ approach, where the
Communication, need not comply with signal must also be conveyed visually or accessible spaces are restricted to only
709.2 with a tactile indication if appropriate. those persons with a disability and are
709.7 EV Charger With Two-Way identified by a sign with the
709.3 Display Screen
Communication International Symbol of Accessibility
The Board is proposing that display (ISA). The Board seeks public input on
EV chargers that provide a method of an alternative concept of ‘‘use last’’. In
screens on EV chargers associated with two-way communication, such as the
accessible EV charging spaces be visible the ‘‘use last model’’, the accessible
ability to call a help desk or video chat spaces would be marked with a sign
from a point located 40 inches above the with a representative, shall provide an
center of the clear ground space in front with the ISA, but also the words ‘‘use
accessible means of communication for last’’. The space would not be reserved
of the EV Charger to ensure the display individuals who are deaf or hard of
screen is visible from a seated position only for a person with physical
hearing. The EV charger must provide a
in a mobility device. disabilities. Instead, anyone could use
method to increase volume of received
the accessible charging space if it is the
Additionally, the Board is proposing audio. If the EV charger delivers output
last charging space available. Under this
that all EV charger display screens by a handset or other type of audio
alternative approach, the Board
provide at least one mode of characters transducer that is typically held up to
proposes that a greater number of
displayed on the screen in a sans serif the ear, then the EV charge must reduce
accessible spaces per EV charging
font, and that if the EV charger does not interference with hearing technologies;
station be required since they would not
provide a screen enlargement feature, provide a means for effective magnetic
be solely reserved for persons with
characters must be 3⁄16 inch high wireless coupling; and conform to TIA–
certain physical disabilities.
minimum based on the uppercase letter 1083–B, incorporated by reference. TIA–
‘‘I’’. Additionally, characters must 1083–B is an industry consensus A. Number of Accessible EV Charging
contrast with their background with standard that describes in a technical Spaces for ‘‘Use Last’’ Alternative
either light characters on a dark engineering document what Approach
characteristics are needed for a telecoil
background or dark characters on a light The table below provides the
in a handset speaker to be compatible
background. proposed minimum number of mobility
with the ‘‘T-Switch’’ feature provided
709.4 Status Indicators by modern hearing aids. Additional accessible EV charging spaces under a
information about the incorporation by ‘‘use last’’ model. Instead of one
Where provided, status indicators reference is detailed below in Section accessible space for the first 25 EV
shall be visually discernable and VII. charging spaces, the requirement would
discernable by touch or sound. For Finally, if real-time video be two accessible spaces for two to 25
example, if the EV charger makes a communication is provided, the quality EV charging spaces at a charging station.
sound to indicate charging is completed, of the video must be sufficient to This increase would compensate for the
then it shall also provide a visual support communication using sign fact that the space could be used by a
notification. language. person without a disability.

TABLE 249.3.1—EV CHARGING SPACES

Total number of EV charging spaces provided at an EV charging Minimum number of required accessible EV charging spaces
station

1 ................................................................................................................ 1.
2 to 25 ...................................................................................................... 2.
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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 accessible EV charging space would not station. The Board welcomes comment
sections 216/F216, under the proposed be required if four or fewer EV charging on the appropriate threshold of total
‘‘reserved’’ model, identification of an spaces are provided at an EV charging number of EV charging spaces that

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would trigger a requirement for signage particularly interested on information enforcement and includes scenarios
at accessible EV charging spaces under regarding enforcement and wait times where 20 percent and 50 percent of
a ‘‘use last’’ model. for individuals with disabilities users without disability placards were
attempting to use the accessible spaces. non-compliant with the ‘‘use-last’’
B. Alternative 507.6 Identification
The Board also seeks input from approach (meaning the user was not a
The Board is considering an individuals with disabilities who may person with a disability and parked in
alternative 507.6, which would require have used a ‘‘use last’’ EV charging an accessible spot when other non-
the designation ‘‘use last’’ and the ISA space, as well as any experiences with accessible spots were available). The
symbol on the sign marking the ‘‘reserved’’ accessible EV charging results show that even if 50 percent of
accessible space. All other requirements spaces and how often they are available users without disability placards use the
of this section would remain the same. for use. accessible spaces inappropriately, the
C. Analysis of the ‘‘Use Last’’ In the preliminary regulatory
‘‘use last’’ alternative results in lower
Alternative assessment (PRIA), discussed below, the
Board has analyzed both the costs and probabilities of people with disabilities
The Board first introduced the idea of benefits of this alternative ‘‘use last’’ waiting for accessible spaces than under
a ‘‘use last’’ model in the technical approach. The alternative would require the ‘‘reserved’’ model because the
assistance document it issued in August more accessible spaces per EV charging number of required accessible spaces is
2022. Design Recommendations for stations and therefore be more costly greater. The Board seeks public input on
Accessible Electric Vehicle Charging than the ‘‘reserved’’ model. However, as this alternative ‘‘use last’’ model,
Stations, available at https:// discussed in the PRIA, the magnitude of including comments on the PRIA.
www.access-board.gov/ta/tad/ev/. EV the difference is quite small for stations
charging stations can be expensive to VII. Availability of Materials
outside of California, in that the ‘‘use Incorporated by Reference
install, and the Board understands that last’’ approach costs at most $113 more
each space provides potential revenue than the ‘‘reserved’’ model for the most As required by the Office of the
for the station operator, unless the common size of EV charging stations Federal Register, the Board is providing
station is provided as a free amenity. (one to 25 charging spaces), which this information to the public about the
The Board therefore acknowledges currently accounts for 99% of EV
efficiencies in allowing an unoccupied proposed material to be incorporated by
charging stations. California is the only reference in Appendix B, 105.2 and
accessible EV charging space to be used state that has adopted accessible EV
by a person without a disability, if all Appendix C, F105.2. In addition to the
charging standards, and so while the information provided below relating to
other EV charging spaces are occupied cost of both models are lower in
at a particular EV charging station. public availability, a copy of this
California than the costs for the rest of
However, the Board does have reference standard is available for
the United States, the ‘‘use last’’
significant reservations about the ‘‘use inspection at the Access Board’s office,
alternative does increase the costs for
last’’ approach, and thus proposes it as California from $0 to $1,592.49 per 1331 F Street NW, Suite 1000,
an alternative approach for charging station. Washington, DC 20004.
consideration and public comment. The While the costs increase slightly with TIA 1083–B Telephone Terminal
Board is concerned that enforcement the ‘‘use last’’ alternative, the PRIA Equipment Handset Magnetic
will be difficult, if not impossible. notes that the ‘‘use last’’ model is Measurement Procedures and
Suppose, for example, that a person expected to provide better outcomes for Performance Requirements (2015). This
with a physical disability who needs an all users (with disabilities and without standard defines measurement
accessible EV charging space made a disabilities.) Owing to the greater procedures and performance
complaint that someone without a number of spaces complying with requirements for the handset generated
disability was occupying the accessible accessibility requirements, and the audio band magnetic noise of wireline
space, even though there were other opportunity for non-disabled people to telephones. This standard also
spaces available. In some instances, it use those chargers if unoccupied, ‘‘[t]he addresses magnetic interference issues
may not be possible to determine [‘‘use last’’] alternative lowers the not covered by 47 CFR part 68. This
whether all other spaces were occupied probability that a user would need to standard can be used to evaluate devices
at the time the non-disabled driver wait for an appropriate EV charging with analog interfaces and digital
arrived at the EV charging station. The space to become available because it
interfaces that provide narrowband and
Board is also concerned that individuals increases the capacity of the EV
without disabilities will choose to use wideband transmission. Availability:
charging station for both users with
the accessible space because it is a Copies of the standard, which is
disabilities and users without
larger space, even when non-accessible disabilities compared to the [‘‘reserved published by the Telecommunications
spaces are available. model’’].’’ PRIA at 45 available at Industry Association (TIA), may be
Further, as ‘‘use last’’ is a new https://www.regulations.gov/docket/ obtained from the TIA Standards Store,
concept, it may lead to confusion for ATBCB-2024-0001. The basis of the 1320 North Courthouse Road, Suite 890,
drivers and require public education to benefits analysis is a model of EV Arlington, VA 22201. It is available for
implement. For example, individuals charging station queuing which depicts purchase on the TIA Standards Store
without disabilities may not understand arrivals at DCFC charging stations in (https://store.accuristech.com/tia). The
that they are permitted to use the ‘‘use terms of average time interval between cost is $123 for a secured PDF. TIA has
last’’ space, if no other space is agreed to make a read only version of
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vehicle arrivals (measured in minutes).

available, because traditionally a sign The model calculates the probability this standard available for free to the
with the ISA indicates that the space is that an arrival will have to wait and public during the comment period of
reserved. The Board seeks public further considers the average wait times this NPRM. To obtain access to the read-
comment, especially from any for all users, users who need an only version, members of the public
jurisdiction or EV charging station accessible space and users who do not. should email TIA at standards@
operator that is currently using the ‘‘use The benefits analysis also takes into tiaonline.org and request access to TIA–
last’’ approach. The Board is consideration the difficulty of 1083–B.

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 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules 71223

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

SUMMARY OF COSTS OF PROPOSED RULE 2024–2030

[$ millions]

Total cost 3% Total cost 7% Annualized cost Annualized cost

Proposed rule requirement Total cost discount discount 3% discount 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.
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The PRIA also considers a regulatory proposed rule requires one accessible spaces signed as ‘‘use last,’’ meaning
alternative related to the number of charging space reserved for people with that people without disabilities could
accessible EV charging spaces with disabilities at charging stations with 25 use them if the non-accessible charging
mobility features that would be required or fewer charging spaces, the alternative spaces were all occupied.
at a charging station. Whereas the would require two accessible charging

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

COMPARISON OF COSTS OF ALTERNATIVE TO PROPOSED RULE

Proposed rule: Alternative: Increase in Percent cost
annualized cost annualized cost costs compared to increase compared to
@7% @7% proposed rule proposed rule

$136,293,270 $126,780,388 $35,272,652 27.8%

The alternative would cost more than • A succinct statement of the objectives may have significant economic impacts
the ‘‘reserved’’ model, but, because it and legal basis of the rule on small EV charging station operators
results in more accessible charging • A description and estimate of the who provide Level 2 charging stations.
spaces being provided, it improves number of small entities to which the The Access Board does not anticipate
outcomes for disabled users of EV rule will apply (or an explanation of any meaningful alternatives to
charging stations. A simulation model of why no such estimate is available) minimizing the significant economic
queuing behavior at DC Fast Charging • A description of the compliance impacts on small entities. The
stations developed for this PRIA finds requirements of the rule and their alternative described above and
that under a range of scenarios, the costs analyzed in the PRIA results in slightly
alternative would substantially decrease • A description of relevant Federal higher upfront costs (although it may
the probability that a disabled user rules, if any, that may duplicate, reduce expected wait times for EV
would need to wait at a charging station overlap, or conflict with the proposed charging station users).
for an accessible charging space to rule
• A description of any significant C. Executive Order 14096
become available, compared to the
proposed rule. The PRIA also explores alternatives to the proposed rule that E.O. 14096 set the goal of
scenarios where 20 percent or 50 would accomplish the stated environmental justice for all, including
percent of non-disabled users do not objectives of the rule while ensuring ‘‘equitable access to a healthy,
comply with the ’’use last’’ concept and minimizing any significant economic sustainable, and resilient environment
instead use the accessible charging impact of the proposed rule on small in which to live, play, work, learn,
spaces even when non-accessible spaces entities grow, worship, and engage in cultural
are available. Even at fairly high levels The IRFA evaluates the proposed and subsistence practices.’’ See E.O.
of non-compliance, the ‘‘use last’’ accessibility standards for EV chargers 14096, 88 FR 25,253 (Apr. 26, 2023).
concept is expected to provide better and EV charging stations at places The agency has considered
outcomes for users with mobility covered under this proposed rule, environmental justice and believes this
disabilities. including places of public proposed rule will advance accessibility
accommodation and commercial and improve the quality of life for
B. Regulatory Flexibility Act facilities under the ADA and buildings communities with environmental justice
An initial regulatory flexibility and facilities that were designed, built, concerns, and thus advance this goal. As
analysis (IRFA) has been prepared to or altered with federal dollars or leased part of public comment on this
evaluate the proposed rule under the by federal agencies under the ABA. The proposal, the agency welcomes any
Regulatory Flexibility Act. The USDOT analysis assesses the effects of the additional input or engagement from the
Volpe Center has prepared this IRFA on proposed rule on four categories of public, including communities with
behalf of the Access Board. The IRFA is entities that have roles in providing EV environmental justice concerns, to
available on the Access Board’s website charging stations: EVSE manufacturers, inform this rulemaking.
at www.access-board.gov and in the EV charging station operators, non-
regulatory docket at D. Federalism (Executive Order 13132)
governmental entities that provide EV
www.regulations.gov. charging stations as an amenity to The Access Board has evaluated this
The Regulatory Flexibility Act of 1980 patrons and/or employees, and notice of proposed rulemaking in
(RFA), as amended, requires agencies to governmental jurisdictions that provide accordance with the principles and
conduct a separate analysis of the EV charging stations as a service to the criteria set forth in Executive Order
economic impact of rules on small general public. 13132. We have determined that this
entities. The RFA requires agencies to The proposed rule is expected to have action will not have a substantial direct
take small entities’ concerns into non-significant economic impacts on effect on the States, on the relationship
account when developing, writing, small EVSE manufacturers, small non- between the Federal Government and
publicizing, promulgating, and governmental entities that provide EV the States, or on the distribution of
enforcing regulations. To this end, the charging stations to their patrons and/or power and responsibilities among the
RFA requires agencies to detail how employees, and small governmental various levels of government, and,
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they have met these concerns by entities that provide EV charging therefore, does not have Federalism
including an initial and later a final stations to the general public. The implications.
regulatory flexibility analysis. proposed rule is expected to have non- The proposed rule adheres to the
As required by the RFA, this analysis significant economic impacts on small fundamental federalism principles and
includes: EV charging station operators who policy making criteria in Executive
• A description of the reasons the provide DC Fast Charging (DCFC) Order 13132. The portion of this rule
agency is considering the action charging stations. However, the rule applicable to state and local

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 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules 71225

governments is issued under the PART 1191—Americans With Chapter 8: Special Rooms, Spaces, and
authority of the Americans with Disabilities Act (ADA) Accessibility Elements (Appendix D)
Disabilities Act, civil rights legislation Guidelines for Buildings and Facilities; * * * * *
that was enacted by Congress pursuant Architectural Barriers Act (ABA) Chapter 9: Built-In Elements (Appendix D)
to its authority to enforce the Fourteenth Accessibility Guidelines * * * * *
Amendment to the U.S. Constitution Chapter 10: Recreation Facilities (Appendix
and to regulate commerce. The ■ 1. The authority citation for part 1191 D)
continues to read as follows: * * * * *
Americans with Disabilities Act was
enacted ‘‘to provide a clear and Authority: 29 U.S.C. 792(b)(3); 42 U.S.C. ■ 3. In appendix B,
comprehensive national mandate for the 12204. ■ a. Amend ADA Chapter 1 by:
elimination of discrimination against ■ 2. Amend appendix A by: ■ i. Revising section 105.1 and the
individuals with disabilities.’’ 42 U.S.C. ■ a. Revising the heading for ADA introductory text of section 105.2;
Chapter 1; ■ ii. Adding section 105.2.6; and
12101(b)(1). The Americans with
■ b. Revising the ADA Chapter 2 and ■ iii. In section 106.5, adding
Disabilities Act recognizes the authority
adding, in numerical order, an entry for definitions for ’’Charging port‘‘,
of State and local governments to enact
249; ‘‘Connector’’, ‘‘Electric vehicle’’, ‘‘EV
and enforce laws that ‘‘provide[] for
■ c. Revising the heading for ABA charger’’, EV supply equipment’’, EV
greater or equal protection for the rights
Chapter 1; charging station’’, EV charging space’’;
of individuals with disabilities than are ■ d. Revising the heading for ABA ■ b. Amend ADA Chapter 2 by:
afforded by this chapter.’’ 42 U.S.C. Chapter 2 and adding, in ■ i. Revising section 206.2.1;
12201(b). alphanumerical order, and entry for 249; ■ ii. Adding section 216.13 as
E. Unfunded Mandates Reform Act ■ e. Revising the headings for Chapter 3 ‘‘reserved’’;
and Chapter 4; ■ iii. Adding section 216.14;
The Unfunded Mandates Reform Act ■ f. Revising the heading for Chapter 5 ■ iv. Adding section 249; and
does not apply to legislative or and adding, in numerical order, entries ■ v. Removing the text ‘‘Chapter 1)’’
regulatory provisions that establish or for 506 and 507; everywhere it appears and adding, in its
enforce any ‘‘statutory rights that ■ g. Revising the heading for Chapter 6; place, the text ‘‘section 105)’’.
■ h. Revising the heading for Chapter 7 The revisions and additions read as
prohibit discrimination on the basis of
and adding, in numerical order, an entry follows:
race, color, religion, sex, national origin,
for 709;
age, handicap, or disability.’’ 2 U.S.C. ■ i. Revising the headings for Chapter 8, Appendix B to Part 1191—Americans
658a. Accordingly, it does not apply to Chapter 9, and Chapter 10. With Disabilities Act: Scoping ADA
this rulemaking. The revisions and additions read as Chapter 1: Application and
F. Paperwork Reduction Act follows: Administration
Appendix A to Part 1191—Table of * * * * *
Under the Paperwork Reduction Act 105.1 General. The standards listed
Contents
(PRA), federal agencies are generally in 105.2 of this appendix B are
prohibited from conducting or ADA Chapter 1: Application and incorporated by reference into this
sponsoring a ‘‘collection of information: Administration (Appendix B)
appendix B and appendix D to this part
as defined by the PRA, absent OMB * * * * * with the approval of the Director of the
approval.’’ See 44 U.S.C. 3507 et seq. ADA Chapter 2: Scoping Requirements Federal Register under 5 U.S.C. 552(a)
(Appendix B)
The proposed revisions and updates to and 1 CFR part 51. All approved
the ADA and ABA Accessibility * * * * * incorporation by reference (IBR)
244–248 [Reserved] material is available at the U.S. Access
Guidelines do not impose any new or
249 EV Charging Stations
revised collections of information ABA Chapter 1: Application and
Board and at the National Archives and
within the meaning of the PRA. Administration (Appendix C) Records Administration (NARA).
Contact U.S. Access Board at: 1331 F
G. Congressional Review Act * * * * *
ABA Chapter 2: Scoping Requirements
Street NW, Suite 1000, Washington, DC
To the extent this rule is subject to the (Appendix C) 20004; (202) 272–0080, info@access-
Congressional Review Act, the Access board.gov. For information on the
* * * * *
F249 EV Charging Stations
availability of this material at NARA,
Board will comply with its requirements
Chapter 3: Building Blocks (Appendix D) visit www.archives.gov/federal-register/
by submitting the final rule to Congress
cfr/ibr-locations or email fr.inspection@
and the Government Accountability * * * * *
Chapter 4: Accessible Routes (Appendix D)
nara.gov. The material may be obtained
Office. from the sources in section 105.2.
* * * * * 105.2 Reference Standards.
List of Subjects in 36 CFR Part 1191 Chapter 5: General Site and Building
Elements (Appendix D)
Referenced standards. The specific
Buildings and facilities, Civil rights, edition of the standards listed in this
Federal buildings and facilities, * * * * * section are referenced elsewhere in this
506 EV Chargers
Incorporation by reference, Individuals 507 EV Charging Spaces
appendix B and appendix D to this part.
with disabilities, Parking, and Where differences occur between these
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Chapter 6: Plumbing Elements and Facilities

Transportation. (Appendix D) appendices and the referenced
* * * * * standards, these appendices apply.
For the reasons stated in the
preamble, and under the authority of 29 Chapter 7: Communication Elements and * * * * *
Features (Appendix D) 105.2.6 TIA –1083–B.
U.S.C. 792(b)(3) and 42 U.S.C. 12204,
* * * * * Copies of the referenced standards
the Board proposes to amend 36 CFR
709 EV Charger Communication Elements may be obtained from the
part 1191 as follows:
and Features Telecommunications Industry

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 71226 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules

Association (TIA), 1320 North lanes for vehicle ingress and egress. An accessible EV charging spaces shall not
Courthouse Road, Suite 890, Arlington, EV charging station may be only part of be required.
VA 22201; (800) 332–6077; standards@ the property on which it is located. An 2. In residential facilities, where EV
tiaonline.org; https://store.accuristech. EV charging station may include only charging spaces are assigned to specific
com/tia. TIA–1083–B, one EV charging space. residential dwelling units, identification
Telecommunications — EV Charging Space. A space to park of accessible EV charging spaces shall
Communications Products—Handset an EV while charging. An EV charging not be required.
Magnetic Measurement Procedures and space may be a marked or an unmarked * * * * *
Performance Requirements, October area adjacent to an EV charger.
244 –248 [RESERVED]
2015 (see 709.7.2.2). * * * * * 249 EV Charging Stations.
* * * * *
106.5 Defined Terms. ADA Chapter 2: Scoping Requirements 249.1 General. Where EV charging
* * * * * stations are provided, EV chargers and
* * * * *
Charging port. The system within an 206.2.1 Site Arrival Points. At least EV charging spaces shall be provided in
electric vehicle (EV) charger that charges one accessible route shall be provided accordance with 249.
one (1) EV. A charging port may have within the site from accessible parking Exception: EV charging stations used
multiple connectors, but it can only spaces, accessible EV charging spaces, exclusively for buses, trucks, other
provide power to charge one EV through and accessible passenger loading zones; delivery vehicles, and law enforcement
one connector at a time. public streets and sidewalks; and public vehicles, shall not be required to
* * * * * transportation stops to the accessible comply with this section 249.
Connector. The device that attaches building or facility entrance they serve. 249.2 EV Chargers. EV Chargers
an EV to a charging port in order to Exceptions: 1. Where exceptions for shall comply with 506.
transfer electricity. alterations to qualified historic 249.3 EV Charging Spaces.
* * * * * buildings or facilities are permitted by 249.3.1 Minimum Number. EV
Electric Vehicle (EV). A motor vehicle 202.5, no more than one accessible route charging spaces complying with 507
that is either partially or fully powered from a site arrival point to an accessible shall be provided in accordance with
on electric power received from an entrance shall be required. Table 249.3.1 except as required by
external power source. definition does 2. An accessible route shall not be 249.3.1.1. Where there is more than one
not include golf carts, electric bicycles, required between site arrival points and EV charging station on a site, the
or other micromobility devices. the building or facility entrance if the number of EV charging spaces
* * * * * only means of access between them is complying with 507 shall be calculated
EV Charger. A device with one or a vehicular way not providing according to the number of EV charging
more charging ports and connectors for pedestrian access. spaces at each charging station. Where
charging EVs. An EV charger is also * * * * * there is more than one level of EV
called electric vehicle supply equipment 216.13 [RESERVED] charger at an EV charging station, the
(EVSE). 216.14 EV Charging Spaces. EV number of EV charging spaces
EV Supply Equipment. See EV charging spaces complying with 507 complying with 507 shall be based on
Charger. shall be identified by signs complying the number of spaces available for each
EV Charging Station. The area in the with 507.6. level. Accessible EV charging spaces
immediate vicinity of a group of EV Exceptions: 1. Where a total of four or shall not count toward the minimum
chargers including the EV chargers, fewer EV charging spaces, including number of accessible car and van
supporting equipment, EV charging accessible EV charging spaces, are parking spaces required in a parking
space adjacent to the EV chargers, and provided on a site, identification of facility by 208.2.

TABLE 249.3.1—EV CHARGING SPACES

Total number of EV charging spaces provided at an EV charging Minimum number of required accessible EV charging spaces
station

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

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 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules 71227

Residents. Where EV charging spaces ■ iv. Removing the text ‘‘Chapter 1)’’ on electric power received from an
are provided for persons other than everywhere it appears and adding, in its external power source. This definition
residents, EV charging spaces place, the text ‘‘F105)’’. does not include golf carts, electric
complying with 507 shall be provided The revisions and additions read as bicycles, or other micromobility
in accordance with Table 249.3.1. follows: devices.
249.3.2 Location. EV charging Appendix C to Part 1191— * * * * *
spaces shall comply with 249.3.2. Architectural Barriers Act: Scoping EV Charger. A device with one or
249.3.2.1 General. EV charging more charging ports and connectors for
spaces complying with 507 that serve a ABA Chapter 1: Application and charging EVs. An EV charger is also
particular building or facility shall be Administration called electric vehicle supply equipment
located on the shortest accessible route * * * * * (EVSE).
from the EV charging spaces to an F105.1 General. The standards listed EV Supply Equipment. See EV
entrance complying with 206.4 relative in F105.2 of this appendix C are Charger.
to other charging spaces at the same EV incorporated by reference into this EV Charging Station. The area in the
charging station. Sites with EV charging appendix C and appendix D to this part immediate vicinity of a group of EV
stations as the primary function shall with the approval of the Director of the chargers including the EV chargers,
include accessible routes that connect Federal Register under 5 U.S.C. 552(a) supporting equipment, EV charging
EV charging spaces complying with 507 and 1 CFR part 51. All approved space adjacent to the EV chargers, and
to any amenities on the site and, if incorporation by reference (IBR) lanes for vehicle ingress and egress. An
provided, pedestrian routes in the material is available at the U.S. Access EV charging station may be only part of
public way. Board and at the National Archives and the property on which it is located. An
Exception: EV Charging spaces Records Administration (NARA). EV charging station may include only
complying with 507 shall be permitted Contact USAB at: 1331 F Street NW, one EV charging space.
to be located at different EV charging Suite 1000, Washington, DC 20004; EV Charging Space. A space to park
stations if substantially equivalent or (202) 272–0080; or info@access- an EV while charging. An EV charging
greater accessibility is provided in terms board.gov. For information on the space may be a marked or an unmarked
of distance from an accessible entrance, availability of this material at NARA, area adjacent to an EV charger.
fees, or user convenience. visit www.archives.gov/federal-register/ * * * * *
249.3.2.2 Residential Facilities. In cfr/ibr-locations or email fr.inspection@
residential facilities containing nara.gov. The material may be obtained ABA Chapter 2: Scoping Requirements
residential dwelling units required to from the sources in section F105.2. * * * * *
provide mobility features complying F105.2 Reference Standards. F206.2.1 Site Arrival Points. At least
with 809.2 through 809.4, EV charging Referenced standards. The specific one accessible route shall be provided
spaces provided in accordance with edition of the standards listed in this within the site from accessible parking
249.3.1.2.1 shall be located on the section are referenced elsewhere in this spaces, accessible EV charging spaces,
shortest accessible route to the appendix C and appendix D to this part. and accessible passenger loading zones;
residential dwelling unit entrance they Where differences occur between these public streets and sidewalks; and public
serve relative to other EV charging appendices and the referenced transportation stops to the accessible
spaces at the same charging station. EV standards, these appendices apply. building or facility entrance they serve.
charging spaces provided in accordance * * * * * Exceptions: 1. Where exceptions for
with 249.3.1.2.2 shall be dispersed F105.2.6 TIA–1083–B alterations to qualified historic
throughout all types of EV charging Copies of the referenced standards buildings or facilities are permitted by
stations (e.g., covered, garage, charging may be obtained from the F202.5, no more than one accessible
level) provided for the residential Telecommunications Industry (TIA), route from a site arrival point to an
dwelling units. 1320 North Courthouse Road, Suite 890, accessible entrance shall be required.
Exception: EV charging spaces Arlington, VA 22201; (800) 332–6077; 2. An accessible route shall not be
provided in accordance with 249.3.1.2.2 [email protected]; https:// required between site arrival points and
shall not be required to be dispersed store.accuristech.com/tia. TIA 1083–B the building or facility entrance if the
throughout all types of EV charging Telecommunications—Communications only means of access between them is
stations if substantially equivalent or Products —Handset Magnetic a vehicular way not providing
greater accessibility is provided in terms Measurement Procedures and pedestrian access.
of distance from an accessible entrance, Performance Requirements, October * * * * *
charging level, fees, and user 2015 (see 709.7.2.2). F216.14 EV Charging Spaces. EV
convenience. charging spaces complying with 507
* * * * *
■ 4. In appendix C,
F106.5 Defined Terms. shall be identified by signs complying
■ a. Amend ABA Chapter 1 by:
Charging port. The system within an with 507.6.
■ i. Revising section F105.1 and the
electric vehicle (EV) charger that charges Exceptions: 1. Where a total of four or
introductory text of F105.2;
one (1) EV. A charging port may have fewer EV charging spaces, including
■ ii. Adding section F105.2.6;
■ iii. In section F106.5 adding
multiple connectors, but it can only accessible EV charging spaces are
definitions for ‘‘Charging port‘‘, provide power to charge one EV through provided on a site, identification of
one connector at a time. accessible EV charging spaces shall not
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‘‘Connector’’, ‘‘Electric vehicle’’, ‘‘EV

charger’’, EV supply equipment’’, EV * * * * * be required.
charging station’’, EV charging space’’; Connector. The device that attaches 2. In residential facilities, where EV
and an EV to a charging port in order to charging spaces are assigned to specific
■ b. Amend ABA Chapter 2 by: transfer electricity. residential dwelling units, identification
■ i. Revising section F206.2.1; * * * * * of accessible EV charging spaces shall
■ ii. Adding section F216.14; and Electric Vehicle (EV). A motor vehicle not be required.
■ iii. Adding section F249; that is either partially or fully powered * * * * *

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 71228 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules

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

TABLE F249.3.1—EV CHARGING SPACES

Total number of EV charging spaces provided at an EV charging Minimum number of required accessible EV charging spaces
station

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 EV charging spaces complying with 507 ■ a. Amend Chapter 5 by adding
charging spaces serving residential to any amenities on the site and, if sections 506 and 507;
facilities shall comply with F249.3.1.2. provided, pedestrian routes in the ■ b. Amend Chapter 7 by adding section
F249.3.1.2.1 EV Charging Spaces for public way. 709; and
Residents. Where at least one EV Exception: EV Charging spaces ■ c. Remove the text ‘‘ ‘‘Referenced
charging space is provided for each complying with 507 shall be permitted Standards’’ in Chapter 1’’ everywhere it
residential dwelling unit, at least one to be located at different EV charging appears and add, in its place, the text
EV charging space complying with 507 stations if substantially equivalent or ‘‘105 or F105, as applicable’’.
shall be provided for each residential greater accessibility is provided in terms The additions read as follows:
dwelling unit with mobility features of distance from an accessible entrance, Chapter 5—General Site and Building
required to comply with 809.2 through fees, or user convenience. Elements
809.4.
F249.3.2.2 Residential Facilities. In * * * * *
F249.3.1.2.2 Shared-use EV
residential facilities containing
Charging Spaces for Residents. Where Appendix D to Part 1191—Technical
residential dwelling units required to
the number of EV charging spaces is
provide mobility features complying 506 EV Charger
fewer than the number of residential
with 809.2 through 809.4, EV charging
dwelling units, then the number of EV 506.1 Communication Features. EV
spaces provided in accordance with
charging spaces complying with 507 Charger user interfaces shall have
F249.3.1.2.1 shall be located on the
shall be provided in accordance with communication features complying with
shortest accessible route to the
Table F249.3.1. 709, except that 709.3.1 shall apply only
residential dwelling unit entrance they
F249.3.1.2.3 EV Charging Spaces for to those EV chargers with mobility
serve relative to other EV charging
Guests, Employees, and Other Non- features complying with 506.2.
spaces at the same charging station. EV
Residents. Where EV charging spaces 506.2 Mobility Features. EV chargers
charging spaces provided in accordance
are provided for persons other than associated with EV charging spaces
with F249.3.1.2.2 shall be dispersed
residents, EV charging spaces required to comply with 507 shall
throughout all types of EV charging
complying with 507 shall be provided comply with 506.2 and 709.3.1.
stations (e.g., covered, garage, charging
in accordance with Table F249.3.1. 506.2.1 Clear Floor or Ground
level) provided for the residential
F249.3.2 Location. EV charging Space. EV chargers shall have clear
dwelling units.
spaces shall comply with F249.3.2. floor or ground space complying with
F249.3.2.1 General. EV charging Exception: EV charging spaces 305 positioned for a parallel approach to
spaces complying with 507 that serve a provided in accordance with the charger and centered on the
particular building or facility shall be F249.3.1.2.2 shall not be required to be
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operable part.
located on the shortest accessible route dispersed throughout all types of EV Exception: Where there are multiple
from the EV charging spaces to an charging stations if substantially operable parts, the clear floor or ground
entrance complying with F206.4 relative equivalent or greater accessibility is space shall be centered on the EV
to other charging spaces at the same EV provided in terms of distance from an charger.
charging station. Sites with EV charging accessible entrance, charging level, fees, 506.2.2 Reach Range and Operation.
stations as the primary function shall and user convenience. EV Charger controls shall comply with
include accessible routes that connect ■ 5. In appendix D, 308.3.1 and 309.4.

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506.2.3 EV Charger Cables. EV aisles shall be permitted to be placed on mobility features complying with 506.2
Charger cables that exceed a weight of either side of the EV charging space. shall be visible from a point located 40
5 pounds (22.2N) shall include a cable 507.4 Floor or Ground Surfaces. inches (1015mm) above the center of the
management system. Floor or ground surfaces of EV charging clear floor or ground space in front of
spaces and access aisles serving them the EV Charger.
507 EV Charging Spaces shall comply with 302. Access aisles 709.3.2 Characters. At least one
507.1 General. EV charging spaces shall be at the same level as the EV mode of characters displayed on the
shall comply with 507. Where EV charging spaces they serve. Changes in screen shall be in a sans serif font.
charging spaces are marked with lines, level are not permitted. Where an EV charger does not provide
width measurements of EV charging Exceptions: 1. Slopes not steeper than a screen enlargement feature, characters
spaces and access aisles shall be made 1:48 shall be permitted. shall be 3⁄16 inch (4.8 mm) high
from the centerline of the markings. 2. Changes in level created by in- minimum based on the uppercase letter
Exception: Where EV charging spaces ground connectors are permitted on the ‘‘I’’. Characters shall contrast with their
or access aisles are not adjacent to EV charging space. In-ground background with either light characters
another EV charging space, access aisle, connectors shall not be located in the on a dark background or dark characters
or parking space, measurements shall be access aisle. on a light background.
permitted to include the full width of 507.5 Vertical Clearance. EV 709.3.3 Flashing. There shall be no
the line defining the EV charging space charging spaces, access aisles, and more than three flashes in any one-
or access aisle. vehicular routes serving them shall second period.
provide a vertical clearance of 98 inches 709.4 Status Indicators. Where
507.2 Size of EV Charging Spaces.
(2490 mm) minimum. provided, status indicators shall be
EV charging spaces shall be 132 inches 507.6 Identification. EV charging
(3350 mm) wide minimum and 240 discernible visually and by touch or
space identification signs shall include sound.
inches (6096 mm) long minimum, shall the International Symbol of 709.5 Color Coding. Where
be marked to define the width and Accessibility complying with 703.7.2.1. provided, color coding shall not be used
length, and shall have an access aisle Signs shall be 60 inches (1525 mm) as the only means of conveying
complying with 507.3. minimum above the finish floor or information, indicating an action,
Exceptions: 1. EV charging spaces ground surface measured to the bottom prompting a response, or distinguishing
located at a pull through EV charging of the sign. a visual element.
station shall be 192 inches wide 507.7 Relationship to Accessible 709.6 Audible Signals. Where
minimum and shall not be required to Routes. EV charging spaces and access provided, audible signals or cues shall
provide an access aisle. aisles shall be designed so that vehicles not be used as the only means of
2: EV charging spaces at a pull in the space cannot obstruct the conveying information, indicating an
through EV charging station shall not be required clear width of adjacent action, or prompting a response.
required to be marked. accessible routes. 709.7 EV Charger with Two-Way
507.3 Access Aisle. Access aisles Voice Communication.
serving EV charging spaces shall Chapter 7: Communication Elements 709.7.1 General. EV chargers that
comply with 507.3. Two EV charging and Features provide two-way voice communication
spaces, or one parking space and one EV * * * * * shall conform to 709.7.
charging space, shall be permitted to 709.7.2 Handsets. Where provided,
709 EV Charger Communication
share a common access aisle. devices designed to be held to the ear
Elements and Features
507.3.1 EV charging spaces with shall provide volume gain conforming
manual connectors. Access aisles shall 709.1 General. Where EV chargers to 47 CFR 68.317. If the device is
adjoin an accessible route to the EV have communication features, they shall corded, the cord shall be 29 inches (735
charger serving the EV charging space comply with 709, except that 709.3.1 mm) long minimum.
and, where applicable, an accessible shall apply only to EV chargers with 709.7.2.2 Interference Reduction
route to the building or facility entrance mobility features complying with 506.2. and Magnetic Coupling. Handsets shall
that they serve, amenities on site, or 709.2 Volume. EV chargers that reduce interference with hearing
pedestrian routes in the public way. deliver sound shall provide volume technologies and provide a means for
507.3.2 EV charging spaces with control and output amplification effective magnetic wireless coupling in
touchless or automated EV connectors. conforming to 709.2. conformance with to TIA–1083–B
Exception: EV chargers conforming to (incorporated by reference, see 105 or
Access aisles shall adjoin an accessible
709.7.2 shall not be required to conform F105, as applicable).
route to the payment device serving the
to 709.2. 709.7.3 Video Communication.
EV charging space, where applicable, an 709.2.1 Private Listening. An EV
accessible route to the building or Where the EV charger provides real-
charger that allows for private listening time video functionality, the quality of
facility entrance that they serve, shall provide a mode of operation for
amenities on site, or pedestrian routes in the video shall be sufficient to support
controlling the volume. communication using sign language.
the public way. 709.2.2 Non-private Listening. An
507.3.3 Width. Access aisles serving 709.8 Caption Processing
EV charger that provides non-private Technologies. Where EV charger
EV charging spaces shall be 60 inches listening shall include an incremental
(1525 mm) wide minimum. displays or processes video with audio,
volume control with output synchronized captioning of the audio
507.3.4 Length. Access aisles shall
lotter on DSK11XQN23PROD with PROPOSALS1

amplification up to a level of at least 65 shall be provided.

extend the full length of the EV charging dB. A function shall be provided to
space they serve. automatically reset the volume to the Approved by vote of the Access Board on
507.3.5 Marking. Access aisles shall November 13, 2023.
default level after every use.
be marked so as to discourage parking 709.3 Display Screen. The display Christopher Kuczynski,
in them. screen shall comply with 709.3 General Counsel.
507.3.6 Location. Access aisles shall 709.3.1 Visibility. The content on [FR Doc. 2024–18820 Filed 8–30–24; 8:45 am]
not overlap the vehicular way. Access the display screen of EV chargers with BILLING CODE 8150–01–P

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