[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Proposed Rules]
[Pages 66538-66540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31192]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Parts 1190 and 1191
Accessibility Guidelines for Play Facilities
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of intent to form a regulatory negotiation committee.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) proposes to establish a regulatory negotiation committee
to develop a proposed rule on accessibility guidelines for newly
[[Page 66539]]
constructed and altered play facilities covered by the Americans with
Disabilities Act and the Architectural Barriers Act. The regulatory
negotiation committee will be composed of organizations who represent
the interests affected by the accessibility guidelines for play
facilities. The Access Board invites comments on the proposal to
establish the regulatory negotiation committee and the proposed
committee membership.
DATES: Comments should be received by January 22, 1996.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, D.C.
20004-1111. Fax number (202) 272-5447.
FOR FURTHER INFORMATION CONTACT: Peggy Greenwell, Office of Technical
and Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, D.C.
20004-1111. Telephone number (202) 272-5434 extension 34 (Voice); (202)
272-5449 (TTY). This document is available in alternate formats
(cassette tape, braille, large print, or computer disc) upon request.
SUPPLEMENTARY INFORMATION: The Architectural and Transportation
Barriers Compliance Board (Access Board) is responsible for developing
accessibility guidelines under the Americans with Disabilities Act and
the Architectural Barriers Act to ensure that new construction and
alterations of facilities covered by the laws are readily accessible to
and usable by individuals with disabilities.1 In July 1993, the
Access Board established the Recreation Access Advisory Committee to
examine various types of recreation facilities and make recommendations
for accessibility guidelines for the facilities. The committee
presented its recommendations in July 1994 covering six types of
recreation facilities: sports facilities; places of amusement; play
facilities; golf facilities; boating and fishing facilities; and
outdoor developed areas. The Access Board issued an advance notice of
proposed rulemaking (ANPRM) in September 1994 inviting public comment
on the committee's recommendations. 59 FR 48542 (September 21, 1994).
Comments received in response to the ANPRM generally supported the
committee's recommendations. However, the comments revealed that there
is not presently consensus on some major issues regarding play
facilities and outdoor developed area among interests that potentially
would be affected by accessibility guidelines for those facilities.
\1\ The Americans with Disabilities Act (42 U.S.C. 12101 et
seq.) is a comprehensive civil rights law which prohibits
discrimination on the basis of disability and requires, among other
things, that newly constructed and altered State and local
government facilities, places of public accommodation, and
commercial facilities be readily accessible to and usable by
individuals with disabilities.
The Architectural Barriers Act (42 U.S.C. 4151 et seq.) requires
that certain federally financed facilities be readily accessible to
and usable by individuals with disabilities.
The Access Board is an independent Federal agency established by
section 502 of the Rehabilitation Act (29 U.S.C. 792) whose primary
mission is to promote accessibility for individuals with
disabilities. The Access Board consists of 25 members. Thirteen are
appointed by the President from among the public, a majority of who
are required to be individuals with disabilities. The other twelve
are heads of the following Federal agencies or their designees whose
positions are Executive Level IV or above: The Departments of Health
and Human Services, Education, Transportation, Housing and Urban
Development, Labor, Interior, Defense, Justice, Veterans Affairs,
and Commerce; General Services Administration; and United States
Postal Services.
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The Access Board proposes to establish a regulatory negotiation
committee to develop a proposed rule on accessibility guidelines for
play facilities. Regulatory negotiation is a supplement to the
traditional rulemaking process that allows for face-to-face
negotiations among representatives of affected interests, including the
agency, with a goal of arriving at a consensus decision on the text of
a proposed rule. The proposed rule is then published in the Federal
Register and the public has an opportunity to comment.
Play facilities are commonly found in schools, parks, day care
centers, and other settings designed for children. Play facilities
include equipment such as slides, swings and ladders; areas designed
for play activities such as sand play areas; and soft contained play
structures. Among the issues to be considered in developing the
accessibility guidelines are providing an accessible route within play
facilities and providing access to elevated play equipment and
structures.
The following interests are likely to be significantly affected by
accessibility guidelines for play facilities:
Manufactures and designers;
State and local governments;
Schools, parks, and day care centers;
Individuals with disabilities;
Voluntary standard groups; and
Federal government.
The Access Board proposes to appoint the following organizations to
represent the interests identified above on the regulatory negotiation
committee:
Playground Equipment Manufacturers Association
American Society of Landscape Architects
International City/County Management Association
National Association of Counties
National League of Cities
National Association of Elementary School Principals
National Recreation and Park Association
National Child Care Association
National Council on Independent Living
National Easter Seal Society
TASH 2
\2\ The Association for Persons with Severe Handicaps.
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Spina Bifida Association of America
The Council for Exceptional Children
United Cerebral Palsy Association
ASTM 3 Public Playground Committee (F 15.29)
\3\ American Society for Testing and Materials.
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ASTM 3 Soft Contained Play Committee (F 15.36)
Access Board
Comments are invited on the proposal to establish the regulatory
negotiation committee and the proposed membership of the committee.
Persons who will be significantly affected by the accessibility
guidelines for play facilities and who believe that their interests
will not be adequately represented by the above organizations may apply
for, or nominate another person for, membership on the regulatory
negotiation committee. Applications or nominations should include the
following information: (i) The name of the applicant or nominee and the
interest that the person proposes to represent; (ii) evidence that the
applicant or nominee is authorized to represent an organization or
other parties having interests similar to the interests the person
proposes to represent; (iii) a written commitment that the applicant or
nominee would participate in good faith; and (iv) the reasons that the
organizations specified in this notice do not adequately represent the
interests that applicant or nominee proposes to represent.
For regulatory negotiation to be effective, the size of the
committee will be limited. Each person or organization affected by
accessibility guidelines for play facilities need not have its own
representative on the regulatory negotiation committee. Rather, each
interest must be adequately represented and the membership must be
fairly balanced. Meetings of the regulatory negotiation committee will
be announced in the Federal Register. The meeting will be open to the
public and anyone may attend the meetings and confer with or provide
their views to members of the regulatory negotiation committee.
[[Page 66540]]
The Access Board has arranged for the Federal Mediation and
Conciliation Service to provide facilitators for the regulatory
negotiation committee. Staff support would be provided by the Access
Board. Members of the regulatory negotiation committee will not be
compensated for their service. The Access Board may pay travel expenses
for a limited number of persons who would otherwise be unable to serve
on the regulatory negotiation committee. Members of the regulatory
negotiation committee will not be considered special government
employees since they will serve as representatives of their
organizations and will not be required to file confidential financial
disclosure reports.
After reviewing the comments received in response to this notice,
the Access Board will issue a notice in the Federal Register announcing
the establishment of the regulatory negotiation committee and the
committee membership, unless it is determined based on the comments
that regulatory negotiation would be inappropriate.
The first meeting of the regulatory negotiation committee is
tentatively scheduled for March 5, 6 and 7, 1996 in Washington, D.C.
The Access Board expects that the regulatory negotiation committee
will develop a proposed rule on accessibility guidelines for play
facilities within nine months of the first meeting. However, if
unforseen delays occur, the Chairman of the Access Board may agree to
an extension of that time if a consensus of the regulatory negotiation
committee believes that additional time will result in agreement.
After the regulatory negotiation committee develops a proposed rule
on accessibility guidelines for play facilities, the Access Board will
issue a notice of proposed rulemaking (NPRM) inviting public comment on
the proposed rule. The NPRM will also include proposed rules on
accessibility guidelines for sports facilities, places of amusement,
golf facilities, and boating and fishing facilities based upon the
recommendations of the Recreation Access Advisory Committee and the
comments received on those recommendations. The Access Board intends to
establish another regulatory negotiation committee to develop a
proposed rule on accessibility guidelines for outdoor developed areas
after the proposed rule on accessibility guidelines for play facilities
is developed. A separate notice will be issued in a future edition of
the Federal Register inviting comment on the establishment of a
regulatory negotiation committee to develop a proposed rule on
assessibility guidelines for outdoor developed areas and that committee
membership.
Issued on December 18, 1995.
John H. Catlin,
Chairman, Architectural and Transportation Barriers Compliance Board.
[FR Doc. 95-31192 Filed 12-21-95; 8:45 am]
BILLING CODE 8150-01-P
