[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 43980-43981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20883]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
Public Rights-of-Way; Access Advisory Committee
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of intent to establish advisory committee.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) announces its intent to establish a Public Rights-of-Way
Access Advisory Committee (Committee) to make recommendations for
accessibility guidelines for public rights-of-way covered by the
Americans with Disabilities Act of 1990 and the Architectural Barriers
Act of 1968. The Access Board requests applications for representatives
to serve on the Committee.
DATES: Applications should be received by September 27, 1999.
ADDRESSES: Applications should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Fax number (202) 272-5447. Applications may also be sent via
electronic mail to the Access Board at the following address:
windley@access-board.gov.
FOR FURTHER INFORMATION CONTACT: Scott Windley, Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-5434 extension 25 (Voice); (202) 272-
5449 (TTY).
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 1 on the telephone keypad, then 1 again, and
requesting publication N-03 (Public Rights-of-Way Access Advisory
Committee notice). Persons using a TTY should call (202) 272-5449.
Please record a name, address, telephone number and request publication
N-03. This document is available in alternate formats upon request.
Persons who want a copy in an alternate format should specify the type
of format (cassette tape, Braille, large print, or computer disk). This
document is also available on the Board's Internet site (http://
www.access-board.gov/notices/prowac.htm).
Background
The Architectural and Transportation Barriers Compliance Board
(Access Board) is responsible for developing accessibility guidelines
under the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C.
12101 et seq.) to ensure that facilities and vehicles covered by the
law are readily accessible to and usable by individuals with
disabilities.\1\ The Department of Justice is responsible for issuing
final regulations, consistent with the guidelines issued by the Access
Board, to implement titles II and III (except for transportation
vehicles and facilities). The Department of Transportation is
responsible for issuing regulations to implement the transportation
provisions of titles II and III of the ADA. Those regulations must also
be consistent with the Access Board's guidelines.
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\1\ 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; the General Services Administration;
and the United States Postal Service.
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The Architectural Barriers Act of 1968 (ABA) (42 U.S.C. 4151 et
seq.) requires that facilities designed, built, altered or leased with
certain Federal funds be accessible to persons with disabilities.
Similar to its responsibility under the ADA, the Access Board is
responsible for developing accessibility guidelines for facilities
covered by the ABA. The Board's guidelines serve as the basis for
enforceable standards issued by four standard-setting agencies; the
standard-setting agencies are the Department of Defense (DOD), the
General Services Administration (GSA), the Department of Housing and
Urban Development (HUD), and the U.S. Postal Service (USPS).\2\
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\2\ The Uniform Federal Accessibility Standards (UFAS) were
developed by the four standard-setting agencies to implement the
Architectural Barriers Act of 1968. Most Federal agencies also
reference UFAS as the accessibility standard for buildings and
facilities constructed or altered by recipients of Federal financial
assistance for purposes of section 504 of the Rehabilitation Act of
1973, as amended.
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Rulemaking History
On July 26, 1991, the Access Board published the Americans with
Disabilities Act Accessibility Guidelines (ADAAG) for new construction
and alterations in places of public accommodation and commercial
facilities. 36 CFR part 1191. ADAAG contains scoping provisions and
technical specifications generally applicable to buildings and
facilities (sections 1 through 4) and additional requirements
specifically applicable to certain types of buildings and facilities
covered by title III of the ADA: restaurants and cafeterias (section
5); medical care facilities (section 6); mercantile and business
facilities (section 7); libraries (section 8); and transient lodging
(section 9). On September 6, 1991, the Access Board amended ADAAG to
include additional requirements specifically applicable to
transportation facilities (section 10).
On December 21, 1992, the Access Board published a notice of
proposed rulemaking (NPRM) in the Federal Register which proposed to
add four special application sections to ADAAG specifically applicable
to certain types of State and local government buildings and facilities
covered by title II of the ADA. Those special application sections
included:
11. Judicial, Legislative, and Regulatory Facilities.
12. Detention and Correctional Facilities.
13. Accessible Residential Housing.
14. Public Rights-of-Way.
The NPRM also proposed requirements and asked questions regarding
the addition of miscellaneous provisions specifically applicable to
State and local government facilities. 57 FR 60612 (December 21, 1992).
On June 20, 1994, the Board published an interim rule in the
Federal Register which added sections 11 through 14 and miscellaneous
provisions to ADAAG. 59 FR 31676 (June 20, 1994) as corrected at 59 FR
32751 (June 24, 1994). The interim rule sought comment on sections 11
through 14 and the miscellaneous provisions.
On January 13, 1998, the Board published final rules for State and
local governments but decided to reserve section 14, due in large
measure to the concerns of the transportation community expressed in
comments to the Board on the proposed and interim final rules. 63 FR
2000. Many of those commenters, including public works agencies,
transportation departments, and traffic consultants, were concerned
that the section 14 provisions would be applied to existing developed
rights-of-way.
The response to both the NPRM and the interim rule clearly
indicated the need for substantial education and outreach regarding the
application of
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guidelines in this area. Rather than finalizing the guidelines for
public rights-of-way, the Board embarked upon an ambitious outreach
plan to the highway industry. This outreach included producing a series
of videotapes, an accessibility checklist, a synthesis on accessible
pedestrian signals, and a design guide on accessible public rights-of-
way. In addition, the Board has been actively involved with
transportation industry organizations and has worked closely with the
Federal Highway Administration on access issues.
The Access Board has reviewed its education and outreach program
and the impact of State and local government regulatory efforts in this
area, and believes that the development of requirements for
accessibility in the public right-of-way is appropriate at this time.
At its May 1999 meeting, the Access Board voted to reinitiate
rulemaking on accessible pedestrian facilities by convening a Federal
advisory committee to develop recommendations for guidelines for public
rights-of-way covered by the Americans with Disabilities Act and the
Architectural Barriers Act.
Public Rights-of-Way Access Advisory Committee
The Access Board intends to establish a Public Rights-of-Way Access
Advisory Committee (Committee) to assist the Board in the process of
developing its accessibility guidelines. The Committee will make
recommendations to the Access Board on the content and format of the
guidelines, including scoping and technical provisions to address
access to sidewalks, street crossings, and related pedestrian
facilities. The Committee will be expected to present a report with its
recommendations to the Access Board within one year of the Committee's
first meeting. The Access Board requests applications for
representatives of the following interests for membership on the
Committee:
Federal agencies;
Design professional organizations;
Transportation and traffic engineering institutes,
departments, and organizations;
State and local government public works and transportation
agencies;
Pedestrian and bicycle organizations;
Standard setting organizations;
Organizations representing the access needs of individuals
with disabilities; and
Other persons affected by the accessibility guidelines.
The number of Committee members will be limited to effectively
accomplish the Committee's work and will be balanced in terms of
interests represented. Organizations with similar interests are
encouraged to submit a single application to represent their interest.
Although the Committee will be limited in size, there will be
opportunities for the public to present written information to the
Committee, to participate through subcommittees, and to comment at
Committee meetings.
Applications should be sent to the Access Board at the address
listed at the beginning of this notice. The application should include
the representative's name (and an alternate), title, address and
telephone number; a statement of the interests represented; and a
description of the representative's qualifications, including
engineering, technical and design expertise and knowledge of making
public rights-of-way accessible to individuals with disabilities.
Committee members will not be compensated for their service. The
Access Board may, at its own discretion, pay travel expenses for a
limited number of persons who would otherwise be unable to participate
on the Committee. Committee members will serve as representatives of
their organizations, not as individuals. They will not be considered
special government employees and will not be required to file
confidential financial disclosure reports.
After the applications have been reviewed, the Access Board will
publish a notice in the Federal Register announcing the appointment of
Committee members and the first meeting of the Committee. The first
meeting of the Committee is tentatively scheduled for November 8-9,
1999 in Washington, DC. The Committee will operate in accordance with
the Federal Advisory Committee Act, 5 U.S.C. app 2. Each meeting will
be open to the public. A notice of each meeting will be published in
the Federal Register at least 15 days in advance of the meeting.
Records will be kept of each meeting and made available for public
inspection.
Lawrence W. Roffee,
Executive Director.
[FR Doc. 99-20883 Filed 8-11-99; 8:45 am]
BILLING CODE 8150-01-P
