PUBLIC SUBMISSION | As of: February 08, 2009 Tracking No. 805229f4 Comments Due: April 23, 2008 Late comments are accepted |
Docket: DOT-OST-2007-26829
ADA - Passenger Vessels
Comment On: DOT-OST-2007-26829-0177
U.S. DOT/OST - Transportation for Individuals With Disabilities: Passenger Vessels
Document: DOT-OST-2007-26829-0204
John C. Foss
130 Spring Lane
Rockport,
ME,
04856
My name is John C .Foss and I have been a licensed passenger vessel operator
and owner since 1969 in the Maine windjammer business. Most of the vessels in
the small fleet up here have earned national Landmarkstatus while retaimning
current passenger vessel certificates. This is a remarkable achivement that these
mostly 19th century American merchant vessels meet Coast Guard safety
standards while being judged by national experts as being historically accurate.
While accomodating disabled persons in public transportation is a basic right,
some passenger vessels because of their intended use, size, or approved design
should be exempted from common carrier disability access for the following
reasons:
1. Small sailing vessels conducting multi day cruises offer an elective vacation in
which there is an implied a level of mobility, as an integral part of the outdoor
adventure nature of the experience. In the normal course of their operation sailing
vessels react to random forces of wind in strength and direction, causing the craft
to heel ( incline) and demonstrate irregular motion. The value of the experience
offered to passengers involves some physical agility, whether in negociating the
ladders to cabins and facilities below decks, in boarding small boats to row
ashore,or in landing on deserted beaches or at docks in small fishing harbors we
visit along the coast.
2. As National Historic Landmarks, many of the Maine windjammers are subject
to period review to maintain their landmark status. Thisd is a hard won honor and
reflects national signifigance. Any modification to meet new accessiblity
standards would very likely challenge this historic status. Obliging small wooden
vessels to install ramps, lifts, power driven machinery for access, lower thresholds
in violation of presdent watertight safety standards.. all these possible impositions
to address ADA demands would challenge the character and viablitiy and
authenticity of these unique passenger vessels.
3. The outdoor nature of windjammer cruises on the Maine coast means that the
small harbors and conservation islands visited by our passengrs for shore
explorations are not and in most cases cannot be made handicapped accesible.
The average tidal range in this area is ten feet: ramps and docks do not meet the
incline parameters for disability access. Adapting shore landings on national or
state parks or conservation islands for handicap access would spoil the nature of
these preserved places.
4. Vessels not engaged as common carriers and not recieving state or federal
subsidies should be viewed differenetly from ferries that are part of government
transportation systems.
5. A lower limit breakpoint of 49 ovenight passengers and 100 tons register (Coast
Guard regulations subchapter T) would be a reasonable upper limit for any new
ADA regulations for small passneger vessels.
Thank you,
John C. Foss