[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64836-64838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31254]
[[Page 64835]]
_______________________________________________________________________
Part IX
Department of Justice
Architectural and Transportation Barriers Compliance Board
Department of Transportation
_______________________________________________________________________
28 CFR Part 36
36 CFR Part 1191
49 CFR Part 37
Americans With Disabilities Act Accessibility Guidelines; Detectable
Warnings; Joint Final Rule
Federal Register / Vol. 63, No. 225 / Monday, November 23, 1998 /
Rules and Regulations
[[Page 64836]]
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 36
[A.G. Order No. 2191-98]
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
RIN 3014--AA24
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 37
Americans With Disabilities Act Accessibility Guidelines;
Detectable Warnings
AGENCIES: Architectural and Transportation Barriers Compliance Board,
Department of Justice, and Department of Transportation.
ACTION: Joint final rule.
-----------------------------------------------------------------------
SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board), the Department of Justice, and the Department of
Transportation are continuing the suspension of the requirements for
detectable warnings at curb ramps, hazardous vehicular areas, and
reflecting pool edges in the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) and the Standards for Accessible
Design. The Access Board plans to issue a separate notice of proposed
rulemaking to revise and update ADAAG and will address detectable
warnings in that rulemaking. The Department of Justice and the
Department of Transportation will issue separate notices of proposed
rulemaking to revise and update the Standards for Accessible Design,
which must be consistent with ADAAG. The agencies are continuing the
suspension of the detectable warning requirements to July 26, 2001,
when it is expected that the rulemakings to revise and update ADAAG and
the Standards for Accessible Design will be completed.
EFFECTIVE DATE: December 23, 1998.
FOR FURTHER INFORMATION CONTACT: Access Board: James J. Raggio, General
Counsel, Architectural and Transportation Barriers Compliance Board,
1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone
(202) 272-5434 extension 16 or (800) 872-2253 extension 16 (voice), and
(202) 272-5449 (TTY) or (800) 993-2822 (TTY).
Department of Justice: John L. Wodatch, The ADA Information Line,
Disability Rights Section, Civil Rights Division, U.S. Department of
Justice, Washington DC 20530. Telephone (800) 514-0301 (voice) or (800)
514-0383 (TTY).
Department of Transportation: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Department of
Transportation, 400 7th Street, SW., room 10424, Washington, DC 20590.
Telephone (202) 366-9306 (voice) or (202) 755-7687 (TTY).
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Copies of this final rule are available in the following formats:
standard print, large print, Braille, audio cassette tape, and computer
disk. Single copies may be obtained at no cost by calling the Access
Board's automated publications order line (202) 272-5434 or (800) 872-
2253, pressing 1 on the telephone keypad, then 1 again, and requesting
publication S40 (Detectable Warnings Final Rule). Persons using a TTY
should call (202) 272-5449 or (800) 993-2822. Please provide your name,
address, and telephone number when ordering publications. Persons who
want a copy in large print, Braille, audio cassette tape, or computer
disk should specify the type of format they want.
The final rule is available on the Access Board's web site (http://
www.access-board.gov/rules/dw.htm), the Department of Justice's web
site (http://www.usdoj.gov/crt/ada/adahom1.htm), and the Department of
Transportation's web site (http://dms.dot.gov). The final rule is also
available on electronic bulletin board at (202) 514-6193 (Department of
Justice). This telephone number is not toll-free.
Background
On June 1, 1998, the Access Board, the Department of Justice, and
the Department of Transportation published a joint notice of proposed
rulemaking (NPRM) to continue the suspension of the requirements for
detectable warnings at certain locations within sites in ADAAG and the
Standards for Accessible Design from July 26, 1998 to July 26, 2000.\1\
63 FR 29924. The suspension applies to detectable warning requirements
at curb ramps (4.7.7), hazardous vehicular areas (4.29.5), and
reflecting pool edges (4.29.6). The suspension does not affect
detectable warning requirements at platform edges in transportation
facilities (10.3.1(8)).
---------------------------------------------------------------------------
\1\ The Access Board is responsible for issuing guidelines to
assist the Department of Justice and the Department of
Transportation in establishing accessibility standards for newly
constructed and altered facilities under the Americans with
Disabilities Act. In 1991, the Access Board issued the Americans
with Disabilities Act Accessibility Guidelines, which is commonly
referred to as ADAAG. 36 CFR part 1191, appendix A. The Department
of Justice and the Department of Transportation have adopted
sections 1 through 10 of ADAAG as the Standards for Accessible
Design for the Americans with Disabilities Act. 28 CFR part 36,
appendix A; 49 CFR part 37, appendix A.
---------------------------------------------------------------------------
As explained in the NPRM, the detectable warning requirements were
suspended initially in 1994, pending review of a research project on
the need for detectable warnings at vehicular-pedestrian intersections
in the public right-of-way. 59 FR 17442 (April 12, 1994). The research
project showed that vehicular-pedestrian intersections are very complex
environments and that pedestrians who are blind or visually impaired
use a combination of cues to detect intersections. The research project
found that detectable warnings helped some pedestrians who are blind or
visually impaired locate and identify curb ramps. However, the
detectable warnings had only a modest impact on overall performance
because, in their absence, pedestrians who are blind or visually
impaired used other cues that might be available to detect the
intersection. The research project indicated that there may be a need
for additional cues at some types of intersections. The research
project did not identify the specific conditions where such cues should
be provided. The research project suggested that other technologies,
which may be less costly and equally or more effective than detectable
warnings, be explored for providing information about intersections.
The Access Board subsequently established an advisory committee to
conduct a comprehensive review of ADAAG and make recommendations for
revising and updating the guidelines. The suspension of the detectable
warning requirements was continued in 1996, pending review of the
advisory committee's recommendations. 61 FR 39323 (July 29, 1996). The
advisory committee recommended that the detectable warning requirements
at platform edges in transportation facilities be retained and that
equivalent tactile surfaces or other means be permitted to provide
equivalent detectability of platform edges. The advisory committee did
not make any recommendations regarding detectable warnings at other
locations within a site. The advisory committee suggested that the
appropriateness of providing
[[Page 64837]]
detectable warnings at vehicular-pedestrian intersections in the public
right-of-way should be established first, and the application to other
locations within a site should be considered afterwards.
The Access Board is preparing an NPRM to revise and update ADAAG
based on the advisory committee's recommendations, as well as research
and other available information, and will address provisions for
detectable warnings within sites in that NPRM. The Department of
Justice and the Department of Transportation will issue separate NPRMs
to revise and update the Standards for Accessible Design, which must be
consistent with ADAAG. In the NPRM announcing the continuation of the
suspension of the detectable warning requirements, the agencies noted
that the rulemakings to revise and update ADAAG and the Standards for
Accessible Design were expected to be completed by July 26, 2000, and
the agencies proposed to continue the suspension through that date. The
Access Board is also preparing an NPRM to revise and update the
guidelines for the Architectural Barriers Act, which requires certain
federally financed facilities to be accessible. The Access Board has
recently decided to combine the rulemakings to update and revise ADAAG
and the guidelines for the Architectural Barriers Act and to include
provisions for housing in the rulemakings. This action is expected to
extend the rulemakings for six to twelve months.
Three comments were received in response to the NPRM. One commenter
expressed concern about the amount of time it is taking to revise and
update ADAAG and the Standards for Accessible Design, and the resulting
delay in addressing detectable warnings. The rulemaking process can be
lengthy, especially when revising and updating major rules like ADAAG
and the Standards for Accessible Design. There are many important
issues that will be addressed in these rulemakings. It would not be
efficient to address each issue through separate rulemakings. Another
commenter identified himself as an individual who is blind and
recommended that detectable warnings should be required at the
locations covered by the suspension. When detectable warning provisions
were initially proposed in ADAAG, a large number of individuals who are
blind commented on the proposal. There was no consensus among the group
regarding detectable warnings. The agencies expect to receive many
comments on detectable warnings when the NPRMs to revise and update
ADAAG and the Standards for Accessible Design are issued and will
consider all the comments before issuing final rules.
The other commenter recommended that the Access Board issue
guidelines addressing public sidewalks and street crossings. The Access
Board issued proposed and interim guidelines addressing public rights-
of-way in 1992 and 1994. 57 FR 60612 (December 21, 1992); 59 FR 31676
(June 20, 1994). The Access Board received a large number of comments
on the guidelines from public works agencies, transportation
departments, and traffic consultants. The comments showed a disparate
understanding of pedestrian accessibility criteria generally and the
application of the guidelines in particular. Based on the comments, the
Access Board decided to reserve the guidelines in favor of working with
other governmental and private sector organizations in the
transportation industry to promote the incorporation of pedestrian
accessibility criteria into industry guidelines, standards, and
recommended practices. 63 FR 2000 (January 13, 1998). The Access Board
periodically reviews its rulemaking agenda and will evaluate the impact
of its efforts in this area and whether further rulemaking is
warranted.
As explained earlier, the Access Board, the Department of Justice,
and the Department of Transportation will address the provisions for
detectable warnings within sites in the rulemakings to update and
revise ADAAG and the Standards for Accessible Design. Continuing the
suspension of the requirements for detectable warnings at certain
locations within sites to July 26, 2001 will maintain the status-quo
until the planned rulemakings are completed.
Regulatory Process Matters
The Access Board, the Department of Justice, and the Department of
Transportation have independently determined that this final rule is
not a significant regulatory action under Executive Order 12866. It is
not a significant rule under the Department of Transportation's
regulatory policies and procedures. The Department of Transportation
expects the economic impacts to be minimal and has not prepared a full
regulatory evaluation.
The Access Board, the Department of Justice, and the Department of
Transportation also independently certify under section 605(b) of the
Regulatory Flexibility Act that this final rule is not expected to have
a significant economic impact on a substantial number of small entities
because it continues the suspension of an existing regulatory
requirement and does not impose any new requirement.
The Unfunded Mandates Reform Act does not apply to proposed or
final rules that enforce constitutional rights of individuals or
establish or enforce any statutory rights that prohibit discrimination
on the basis of race, color, religion, sex, national origin, age,
handicap, or disability. Since the final rule is issued under the
authority of the Americans with Disabilities Act, an assessment of the
rule's effects on State, local, and tribal governments, and the private
sector is not required by the Unfunded Mandates Reform Act.
Text of Final Common Rule
The text of the common rule is revised to read as follows:
Sec. ______. ______ Temporary suspension of certain detectable warning
requirements.
The detectable warning requirements contained in sections 4.7.7,
4.29.5, and 4.29.6 of appendix A to this part are suspended temporarily
until July 26, 2001.
Adoption of Final Common Rule
The agency specific proposals to adopt the final common rule, which
appears at the end of the common preamble, are set forth below.
DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 36
List of Subjects in 28 CFR Part 36
Administrative practice and procedure, Alcoholism, Buildings and
facilities, Business and industry, Civil rights, Consumer protection,
Drug abuse, Historic preservation, HIV/AIDS, Individuals with
disabilities, Penalties, Reporting and recordkeeping requirements,
Transportation.
Authority and Issuance
By the authority vested in me as Attorney General by 28 U.S.C. 509,
510; 5 U.S.C. 301; and 42 U.S.C. 12186, and for the reasons set forth
in the common preamble, part 36 of chapter I of title 28 of the Code of
Federal Regulations is amended as follows:
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
1. The authority citation for 28 CFR part 36 continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12186(b).
[[Page 64838]]
Sec. 36.407 [Revised]
2. Section 36.407 is revised to read as set forth at the end of the
common preamble.
Dated: November 2, 1998.
Janet Reno,
Attorney General.
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1191
List of Subjects in 36 CFR Part 1191
Buildings and facilities, Civil rights, Individuals with
disabilities, Transportation.
Authority and Issuance
For the reasons set forth in the common preamble, part 1191 of
title 36 of the Code of Federal Regulations is amended as follows:
PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY
GUIDELINES FOR BUILDINGS AND FACILITIES
1. The authority citation for 36 CFR part 1191 continues to read as
follows:
Authority: 42 U.S.C. 12204.
Sec. 1191.2 [Revised]
2. Section 1191.2 is revised to read as set forth at the end of the
common preamble.
Authorized by vote of the Access Board on July 15, 1998.
Thurman M. Davis,
Chair, Architectural and Transportation Barriers Compliance Board.
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 37
List of Subjects in 49 CFR Part 37
Buildings and facilities, Buses, Civil rights, Individuals with
disabilities, Mass transportation, Railroads, Reporting and
recordkeeping requirements, Transportation.
Authority and Issuance
For the reasons set forth in the common preamble, part 37 of title
49 of the Code of Federal Regulations is amended as follows:
PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES
(ADA)
1. The authority citation for 49 CFR part 37 continues to read as
follows:
Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.
Sec. 37.15 [Revised]
2. Section 37.15 is revised to read as set forth at the end of the
common preamble.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 98-31254 Filed 11-20-98; 8:45 am]
BILLING CODE 4410-13-P, 8150-01-P, 4910-62-P
