[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23180]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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Part IV





Architectural and Transportation Barriers Compliance Board





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36 CFR Part 1191




Americans With Disabilities Act Accessibility Guidelines for Buildings 
and Facilities; Recreation Facilities and Outdoor Developed Areas; 
Proposed Rule
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 94-1]
RIN 3014-AA16

 
Americans With Disabilities Act Accessibility Guidelines for 
Buildings and Facilities; Recreation Facilities and Outdoor Developed 
Areas

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) announces that its Recreation Access Advisory Committee 
has issued a report with recommendations for making recreation 
facilities and outdoor developed areas readily accessible to and usable 
by individuals with disabilities. Single copies of the report may be 
obtained from the Access Board. The Access Board will use the 
committee's report to develop a notice of proposed rulemaking 
establishing accessibility guidelines for newly constructed and altered 
recreation facilities and outdoor developed areas under the Americans 
with Disabilities Act and the Architectural Barriers Act. The Access 
Board seeks public comment on the committee's report and will consider 
the comments along with the report as it develops the notice of 
proposed rulemaking.

DATES: Comments should be received by December 20, 1994. Comments 
received after this date will be considered to the extent practicable.

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, DC 20004-
1111. Comments will be available for inspection at the above address 
from 9:00 a.m. to 5:00 p.m. on regular business days.

FOR FURTHER INFORMATION CONTACT: Peggy H. Greenwell, 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 ext. 34 (Voice); (202) 
272-5449 (TTY). These are not toll-free numbers. This document is 
available in alternate formats (cassette tape, braille, large print, or 
computer disk) upon request.

SUPPLEMENTARY INFORMATION:

Advisory Committee Report

    Single copies of the Recreation Access Advisory Committee's report 
may be obtained at no cost by calling the Access Board's automated 
publications order line (202-272-5434), pressing 1 on the telephone 
keypad, then 1 again and requesting publication S26 (Recreation 
Report). Persons using a TTY should call 202-272-5449. Please record a 
name, address and telephone number. Persons who want a copy in an 
alternate format, should specify the type of format (audio cassette 
tape, braille, large print, or computer disk).

Background

    The Architectural and Transportation Barriers Compliance Board 
(Access Board) is responsible for developing accessibility guidelines 
under the Americans with Disabilities Act of 1990 to ensure that new 
construction and alterations of facilities covered by the law are 
readily accessible to and usable by individuals with disabilities.\1\ 
The Access Board initially issued the Americans with Disabilities Act 
Accessibility Guidelines in 1991. 36 CFR part 1191. ADAAG contains 
scoping provisions and technical specifications for designing parking 
areas, entrances, toilet rooms and other elements and spaces that 
typically comprise a building and its site so that individuals with 
disabilities will have ready access to and use of the facility. ADAAG 
also contains additional provisions for certain types of facilities, 
including restaurants, medical care facilities, business and mercantile 
establishments, libraries, transient lodging, and transportation 
facilities.\2\
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    \1\The Americans with Disabilities Act (ADA) (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 building, places of public accommodation, and commercial 
facilities be accessible to and usable by individuals with 
disabilities.
    \2\The Access Board recently issued an interim final rule that 
adds provisions to ADAAG for certain State and local government 
facilities, including judicial, legislative and regulatory 
facilities; detention and correction facilities; residential 
housing; and public rights-of-way. 59 FR 31676 (June 20, 1994).
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    Various types of recreation facilities and outdoor developed areas 
are covered by the Americans with Disabilities Act. Newly constructed 
and altered recreation facilities and outdoor developed areas are 
currently required to comply with ADAAG, as adopted by the Department 
of Justice as the standards for accessible design (28 CFR 36.406), 
where its provisions can be applied. For example, parking areas, 
entrances, toilet rooms, restaurants, and mercantile establishments 
that are part of newly constructed and altered recreation facilities 
and outdoor developed areas must comply with ADAAG.3
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    \3\State and local governments currently have the option of 
using ADAAG or an earlier standard, the Uniform Federal 
Accessibility Standards (UFAS), when constructing or altering 
facilities under the Department of Justice regulations (28 CFR 
35.151(c)). The Department of Justice has recently issued a notice 
of proposed rulemaking to eliminate this option. 59 FR 31808 (June 
20, 1994).
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    Recreation facilities and other outdoor developed areas have some 
unique features for which additional accessibility guidelines need to 
be developed. In July 1993, the Access Board convened an advisory 
committee as the first step in developing these guidelines. The 
committee was comprised of owners and operators of recreation 
facilities; persons who design recreation facilities or manufacture 
related equipment; local, State and Federal officials responsible for 
parks and other outdoor developed areas; and individuals with 
disabilities and organizations representing their interests.
    The committee was requested to accomplish the following objectives 
within one year:
     Develop a list of the various types of recreation 
facilities and outdoor developed areas;
     Identify the features of each facility type that are not 
adequately addressed by ADAAG;
     Consider any unique design issues or constraints affecting 
access to each facility type;
     Review any existing voluntary guidelines for providing 
access to the various facility types; and
     Make recommendations for accessibility guidelines for each 
facility type.
    The committee organized itself into six subcommittees based on 
facility types to accomplish these objectives: Sports facilities; 
places of amusement; play settings; golf; boating and fishing 
facilities; and outdoor developed areas.
    The committee met five times between July 1993 and May 1994. 
Committee members spent most of their time working in subcommittees 
which reported to the full committee. The subcommittees also worked 
between committee meetings. Committee meetings were well attended by 
persons interested in the committee's work and public comment was 
received at each meeting. The subcommittees also encouraged interested 
persons to participate in their work, including providing information 
and reviewing draft reports. More than 250 people actively participated 
in the committee's and subcommittees' work and collectively gave 
between 50,000 and 60,000 hours of their time.
    In July 1994, the committee formally presented its report to the 
Access Board. During the next year, the Access Board will review the 
committee's report and develop a notice of proposed rulemaking to 
establish accessibility guidelines for newly constructed and altered 
recreation facilities and outdoor developed areas under the Americans 
with Disabilities Act. The Access Board is also responsible for 
developing accessibility guidelines for federally financed facilities 
under the Architectural Barriers Act (42 U.S.C. 4151 et seq.) and 
anticipates that the notice of proposed rulemaking will also apply to 
recreation facilities and outdoor developed areas covered under that 
law. In view of the significant public interest in the committee's 
report and the rulemaking, the Access Board is providing copies of the 
committee's report to the public and will receive comments from the 
public on the committee's report for a 90-day period from the 
publication of this notice. Comments received during this period will 
be considered along with the committee's report as the Access Board 
develops the notice of proposed rulemaking.
    Local, State and Federal government agencies and private entities 
which own or operate recreation facilities and outdoor developed areas 
are encouraged to review the committee's report and to send their 
comments to the Access Board. Individuals with disabilities and their 
organizations, and other interested persons are also encouraged to 
review and comment on the committee's report.
    The committee's report contains recommendations only, and are not 
proposed or final accessibility guidelines. As indicated above, the 
committee performed most of its work through six subcommittees based on 
facility types. The recommendations represent the consensus of the 
members of each subcommittee, and not necessarily the full committee. 
The subcommittees approached their work with the premise that every 
newly constructed and altered recreation facility should be accessible. 
Separate facilities or areas for use by individuals with disabilities 
were considered to be inconsistent with the purposes of the Americans 
with Disabilities Act and the Architectural Barriers Act. The 
subcommittees identified numerous features of recreation facilities 
that are not adequately addressed by ADAAG. In some cases, the 
subcommittees recommended amending existing ADAAG sections to address 
the specific features. In other cases, the subcommittees recommended 
new scoping provisions and technical specifications for ADAAG and 
drafted guideline language with rationale. The draft guideline language 
does not necessarily conform to the ADAAG format and numbering system. 
Persons reviewing the committee's report need not comment on the format 
of the draft guideline language. The Access Board will address format 
issues when it develops the notice of proposed rulemaking. Rather, 
persons reviewing the committee's report should focus on the substance 
of the recommendations.
    The subcommittees also identified a few areas where providing 
access could eliminate or change the recreation activity or experience 
and proposed possible solutions.4 For example, the sports 
facilities subcommittee identified that providing a slip resistant 
surface on ice skating rinks would eliminate or change the sport and 
recommended that the ice surface of the rink should be exempt from any 
slip resistance requirement. In some areas, the subcommittees 
recommended that additional information and research were needed for 
providing access. Finally, the subcommittees noted several areas where 
accessibility guidelines need to be coordinated with other laws and 
regulations, including regulations issued by the Department of Justice. 
The Access Board will refer these issues to the appropriate agencies, 
including the Department of Justice, for their consideration.
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    \4\Some subcommittees borrowed the phrase ``fundamentally alter 
the nature of the service, program, or activity'' from the 
Department of Justice regulations to describe those areas where 
providing access could eliminate or change the recreation activity 
or experience. The Department of Justice uses this phrase or a 
variation of the phrase in its regulations to describe when public 
and private entities are relieved of the obligation to make 
reasonable modifications in policies, practices or procedures (28 
CFR 35.130(b)(7) and 36.302(a)) and when public entities are 
relieved from providing program accessibility in existing facilities 
(28 CFR 35.150(a)(3)). Although the phrase does not apply to new 
construction and alterations, some subcommittees attempted to use 
the phrase by analogy when describing a few areas where providing 
access may not be practicable or needs to be viewed in light of the 
nature of the recreation experience.
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    The committee's report is 202 pages and contains many detailed 
recommendations which cannot be readily summarized in this notice. To 
assist persons reviewing the committee's report, some of the 
recommendations are discussed below with questions. The Access Board is 
interested in receiving comments on all parts of the committee's report 
and encourages persons interested in the rulemaking to review the 
entire report. In addition, the Access Board requests comments on the 
impact of the committee's report on the safety of all persons using the 
facilities and on potential costs of the recommendations in the 
committee's report and how these costs could be minimized while 
accommodating safety.

Sports Facilities (Pages 1-62)5
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    \5\The relevant part of the committee's report is referenced 
after each heading and subheading.
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Field-of-Play (Pages 5-6)

    The sports facilities subcommittee examined field sports, court 
sports, rink sports, and a variety of other sports. Individuals with 
disabilities may participate in sports as spectators, players, coaches 
or assistants, or may be employees of sports facilities and should have 
access to all elements and spaces of the facilities. The subcommittee 
recommended that an accessible route be provided to the field-of-play. 
The subcommittee observed that in some sports, the field-of-play 
consists of grass, artificial turf, sand, soil, ice, or other materials 
which do not fully meet the ADAAG requirement that surfaces along 
accessible routes and in accessible spaces must be stable, firm and 
slip resistant. The subcommittee recommended that where requiring the 
playing field surface to be stable, firm and slip resistant would 
eliminate or substantially change the sport, an exception to this 
requirement should be provided for the field-of-play.
    In some sports, the field-of-play may extend to the sideline area 
directly adjacent to the boundary of the playing field. For example, in 
baseball a player can chase a foul ball beyond the ``within-bounds'' 
area. The sports facilities subcommittee suggested that designated key 
accessible route locations could be safely incorporated into sideline 
or ``out-of-bounds'' areas; or temporary, removable surfaces could be 
used to provide access to these areas.
    Question 1: What are other possible solutions for providing an 
accessible route to sideline or ``out-of-bounds'' areas used by 
coaches, press and others where the field-of-play may extend to or 
overlap these areas? Persons responding to this question are requested 
to provide information regarding the location, surface requirements, 
and width of an accessible route serving these areas.

Pools (Pages 16-20)

    The sports facilities subcommittee also examined access to 
pools.\6\ There are many different types of pools such as competition 
pools, lap pools, leisure or family pools, and wading or children's 
pools. Pools are found in a variety of settings from hotels and other 
places of transient lodging to public parks and community centers. The 
sports facilities subcommittee identified three means for providing 
access into the water: ramps, lifts, and transfer tiers. As discussed 
at pages 16-18 of the committee's report, each of these means 
accommodates varying capabilities of individuals with disabilities with 
no single means best for all users. For example, ramps can facilitate 
independence. However, ramps require transfer to an additional chair 
and raise concerns regarding buoyance and water resistance for 
individuals ascending and descending the ramp. Lift operation may 
require individuals with disabilities to seek assistance; and transfer 
tiers pose a higher level of physical challenge.
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    \6\The places of amusements subcommittee and outdoor developed 
areas subcommittee also examined access to pools. See pages 85-88 
and 188-189 of the committee's report for those subcommittees' 
recommendations.
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    The sports facilities subcommittee recommended that one accessible 
means of entry into the water should be required and that a range of 
alternatives (ramps, lifts, or transfer tiers) should be allowed. The 
subcommittee further recommended that where pools exceed a certain 
size, two accessible means of entry into the water should be required. 
(The subcommittee did not recommend a specific size.) The subcommittee 
emphasized that any means of entry into the water should allow for 
individuals with disabilities to use pools independently and with 
dignity.
    Question 2: Given the different types of pools and various means 
that individuals with disabilities use for entering the water, should a 
range of alternatives (ramps, lifts, or transfer tiers) be allowed for 
providing access into the water? If not, should specific means be 
required and others not permitted for certain types of pools? Should 
requirements be related to the size of the pools, with larger pools 
required to provide more than one means of entry into the water? If so, 
what size or other criteria should trigger the additional requirement? 
If specific means for entering the water are required, should technical 
specifications be developed for those means?

Places of Amusement (Pages 63-88)

Amusement Rides (Pages 74-85)

    The places of amusement subcommittee examined access to amusement 
rides. As defined by the subcommittee, amusement ride systems consist 
of amusement devices which carry or move a person or persons on, 
around, over or through a fixed or restricted course or within a 
defined area for purpose of amusement or entertainment and includes 
related elements, facilities and systems. For new construction, the 
subcommittee recommended that, to the greatest extent possible, at 
least one wheelchair space be provided within the amusement ride system 
where the amusement device can accommodate a person seated in a 
wheelchair without changing the nature of the amusement ride system or 
experience. When an amusement device cannot accommodate a person seated 
in a wheelchair, the subcommittee recommended that, to the greatest 
extent possible, a means of transfer onto the amusement device be 
provided without changing the nature of the amusement ride system or 
device. The subcommittee drafted detailed recommended guidelines for 
accomplishing a transfer from a wheelchair to the amusement device.
    The places of amusement subcommittee recommended that decisions 
regarding the type of access provided (roll-on or transfer) be made by 
designers on a ride-by-ride basis after considering a variety of 
factors, including seating space and configuration, ride speed, forces 
and accelerations during normal and emergency operation, riding posture 
and center of gravity, restraining systems, and safety of others.
    Question 3: Should a percentage of rides in newly constructed 
places of amusement provide either roll-on or transfer access for 
individuals who use wheelchairs and other mobility aids? It is 
acceptable to permit some rides not to provide roll-on or transfer 
access and, if so, what should be the criteria for not providing 
access? In new construction, is it acceptable that the type of access 
provided (roll-on or transfer) be determined on a ride-by-ride basis? 
The Access Board is interested in any studies or other data that 
provide information on the dynamic effects of forces experienced on 
certain rides on individuals with disabilities.

Carnivals and Fairs (Pages 73-74)

    The places of amusement subcommittee also examined access to 
amusement rides used in temporary places of amusement such as carnivals 
and fairs. These amusement rides are transported on trucks and 
trailers, and are set up and leveled at different sites for temporary 
events. Depending on the terrain, the distance from the ground to ride 
may vary from four to six feet. The subcommittee recommended that these 
amusement rides comply with the same requirements as amusement rides at 
permanent sites.
    Question 4: Should amusement rides used in temporary places of 
amusement be addressed in the same manner as rides at permanent sites? 
The Access Board is interested in receiving information on ways to 
provide access to these amusement rides.
    Carnivals and fairs may be held on partially improved or unimproved 
sites such as city parks, athletic fields, or agricultural fields that 
are not specifically designed for the event and that do not provide 
stable, firm and slip resistant surfaces required for an accessible 
route. The places of amusement subcommittee recommended that where, due 
to the temporary nature of the event, changes to topography or surface 
conditions would be inconsistent with the primary purpose of the site, 
temporary, removable surfaces be used to provide an accessible path to 
rides and other attractions.
    Question 5: Should temporary places of amusement be required to 
meet all the provisions for an accessible route when held on partially 
improved or unimproved sites? If not, what provisions should be 
modified (e.g., stable, firm and slip resistant surface; slope; cross 
slope; width; accessible elements connected)? How should protruding 
objects such as tent stakes and lines be addressed?

Play Settings (Pages 89-102)

Accessible Route (Pages 91-93)

    The play settings subcommittee examined issues related to providing 
access to play areas and equipment. Play settings vary greatly in size 
and may be found in schools, day care centers, fast food restaurants, 
amusement parks, and public parks. Play is an important social 
experience that occurs in many ways within a play area. Play settings 
often include play equipment such as slides, swings, ladders, sand play 
areas, and open areas for play. Children without disabilities have the 
opportunity to maneuver throughout play areas and to access their 
choice of play equipment. Designers have a unique challenge in 
providing children with disabilities the same access.
    Designers usually provide resilient surfaces meeting the ASTM F1292 
performance standard within the use zone of play equipment as a safety 
measure. (This is also called ``the fall zone.'') Some resilient 
surfaces such as sand and wood chips are not stable, firm and slip 
resistant and, thus, would not meet the requirements for an accessible 
route. The play settings subcommittee considered cost and maintenance 
issues related to various types of surfaces and recommended that an 
expanded accessible route which is a minimum of 60 inches wide connect 
accessible activities within the play area in order to promote social 
interaction and use of the play components. This accessible route would 
be stable, firm, slip resistant, safe to crawl on, and where within the 
use zone of equipment, resilient.
    Question 6: Does the play subcommittee's recommendation for an 
expanded accessible route adequately address the need for access within 
play settings? Persons responding to this question should review pages 
91-93 of the committee's report.

Elevated Play Equipment (Pages 93-96)

    The play setting subcommittee identified ramps and transfer systems 
(transfer platforms, decked platforms, and berms or natural hills) as 
means for providing access to elevated play equipment. For larger 
composite play structures having 12 or more elevated play components 
(or 12 or more elevated play components at one site serving the same 
age group), the subcommittee recommended that both ramps and transfer 
systems should be required, and that each means access at least one-
half of the elevated play components on the play structure. The 
subcommittee further recommended that one-half of the play components 
which are accessed by ramps should be required to be like or similar to 
those elevated play components that are not accessed by ramps. For 
smaller composite play structures having less than 12 elevated play 
components, the subcommittee recommended that transfer systems should 
be required to access at least one-half of the elevated play 
components, and that one-half of those play components be like or 
similar to the elevated play components that are not accessible.
    Question 7: Should a requirement for ramp access, in addition to 
transfer systems, be based on the number of play components? If so, 
what number of play components should trigger a ramp requirement, in 
addition to transfer systems?

Soft Contained Play Systems (Page 99)

    Soft contained play systems are relatively new and are comprised of 
fully enclosed, resilient play components that are designed so that 
children climb through and within the structure. Most incorporate play 
activities on several different levels. Some cover 3,000 square feet 
and are over 20 feet high. These play structures are found in amusement 
parks, connected with fast food restaurants, or as stand-alone 
facilities. The play settings subcommittee recommended that these play 
structures be accessible and provide integration, and noted that the 
ASTM F1536 committee is currently developing standards for them.
    Question 8: Should soft contained play systems be subject to the 
same requirements as other play structures? The Access Board is 
interested in receiving information on how access can be provided to 
these play structures.

Golf (Pages 103-118)

Accessible Route (Pages 108-112)

    Golf is played in the open air on courses that incorporate natural 
and constructed elements. An 18-hole golf course typically occupies 
more than 100 acres and slopes on fairways frequently exceed 1:20. 
Because the route of play is determined by where the ball lands, the 
golf subcommittee focused on providing players with a disability access 
to their ball without defining an accessible route through the green. 
The subcommittee based its recommendations on the premise that players 
with a disability will use a golf car or similar mobility aid to access 
their balls. The subcommittee recommended that at least one accessible 
teeing ground be provided on each hole. An accessible route would be 
required from the golf car path or parking area to the accessible 
teeing ground. Where continuous access onto the fairway is not possible 
because of natural barriers, access to the fairway would be required at 
maximum distances of every 75 yards from the golf car path, unless 
precluded by extreme terrain or environmental issues (wetlands and 
protected areas). The subcommittee recommended against providing access 
to hazards and bunkers on the grounds that doing so would substantially 
change the nature of the game. (Practice bunkers would be accessible.) 
An accessible route would be required to all putting greens from the 
golf car path or parking area. An accessible route would also be 
required from golf car paths or parking areas to toilet rooms, snack 
bars, weather shelters, and other amenities provided for players. The 
subcommittee also recommended that the playing area of the golf course 
be exempt from the requirement for stable, firm, and slip resistant 
surfaces.
    Question 9: Do the golf subcommittee's recommendations adequately 
address accessible design for golf courses?

Miniature Golf (Pages 115-117)

    The golf subcommittee also examined miniature golf courses. The 
subcommittee recommended that all holes on miniature golf courses be 
connected by an accessible route and that the entire playing surface of 
these courses be accessible, except for sloped surfaces where the ball 
cannot come to rest. Access would be required at starting points, end 
points, and to points in between where the ball may rest. The 
subcommittee also recommended that where obstacles such as concrete 
blocks, gates, and caves are placed on the playing surface to enhance 
difficulty or competition, an accessible path be provided to either 
side of the obstacle, or entrance and exit points be provided on both 
sides of the obstacle to allow players with disabilities to bypass the 
obstacle. Owners and operators of miniature golf courses have expressed 
concern about requiring the entire course to be accessible, especially 
courses developed on smaller sites which are often designed to rise 
sharply in elevation to increase the playing surface area.
    Question 10: Are there conditions where a lesser degree of 
accessibility should be allowed for miniature golf courses? The Access 
Board is interested in receiving information on designs for providing 
access to miniature golf courses.

Boating and Fishing Facilities (Pages 119-132)

Gangways (Pages 126-129)

    The boating and fishing facilities subcommittee examined a variety 
of facilities ranging from primitive fishing areas in national parks to 
highly developed, multi-use marinas in urban settings. The marine 
environment is dynamic and poses design challenges different from those 
encountered in a static, land-based environment. Bodies of water 
experience changing levels due to such factors as tides, seasonal 
changes, reservoir draw-downs, flooding, and dam releases. The 
subcommittee identified three options at pages 126-129 of the 
committee's report for providing access to gangway structures which 
connect to floating, boating and fishing facilities. The subcommittee 
did not reach consensus on the options and encouraged public input and 
additional research.
    Question 11: Which option most adequately addresses issues 
affecting access to floating, boating and fishing facilities? Are there 
other solutions that are not reflected in the recommended options? 
Persons responding to this question should review pages 126-129 of the 
committee's report.

Boat Slips (Pages 125-126)

    The boating and fishing facilities subcommittee also recommended 
scoping provisions and technical specifications for accessible boat 
slips. The subcommittee recommended that the number of accessible 
boating slips be based on the scoping provision for accessible parking 
spaces for motor vehicles (ADAAG 4.1.2(5)).
    Question 12: Should the scoping provision for accessible parking 
spaces for motor vehicles be applied to boat slips? Should other 
factors be considered such as whether the boat slips are leased on a 
long-term or a short-term basis?

Outdoor Developed Areas (Pages 133-202)

Outdoor Recreation Environments (Pages 133-190)

    Over the past decade, the National Park Service, USDA Forest 
Service, various State and local government agencies, and private 
entities have examined issues related to providing access to outdoor 
recreation environments. The outdoor developed areas subcommittee built 
on these earlier efforts. The committee based its work on the premise 
that there is a spectrum of recreation settings that occur in the 
outdoor environment and identified four different settings based on the 
degree of development and modifications to the natural environment. The 
settings are: the highly developed or urban; the moderately developed 
or natural; the minimally developed or back-country; and the 
undeveloped or primitive. The subcommittee attempted to develop 
recommendations that provide the highest degree of access practicable 
and feasible, commensurate with the amount of development, while at the 
same time preserving and protecting the fundamental nature of the 
various elements of the outdoor recreation environment. The 
subcommittee outlined three degrees of accessibility (easier, moderate, 
and difficult) that related to the first three settings with the degree 
of access decreasing as the amount of development decreases. No 
guidelines were recommended for undeveloped or primitive settings.
    The outdoor developed areas subcommittee attempted to define a 
process by which decisions can be made regarding the degree of access 
which should be provided in different outdoor recreation environments. 
The subcommittee proposed two approaches for determining the degree of 
access to be provided. The first approach is set out at pages 153-156 
(outdoor recreation access routes) and pages 166-170 (recreation 
trails) of the committee's report and reaches decisions regarding the 
degree of access to be provided through analysis of the recreation 
setting, the condition of the natural environment, the amount of 
structural modification, the recreation experience, and consultation 
with individuals with disabilities. The second approach is set out at 
pages 157-159 (outdoor recreation access routes) and pages 170-171 
(recreation trails) of the committee's report and begins by requiring a 
certain degree of accessibility and proposes a series of exceptions 
that allow the other degrees of accessibility for a variety of 
conditions including severe elevations, geologic features, historic 
significance, or the specific purpose of the trail. Under the second 
approach, an entity would also have to consult with individuals with 
disabilities when making an exception and document the decision. Both 
approaches are intended to result in the highest degree of access 
practicable and feasible for the setting.
    Question 13: Which approach is more likely to achieve an acceptable 
level of access? Can these approaches be applied to all outdoor 
recreation environments regardless of size, location, entity, or other 
factors? Are there other alternatives that would facilitate application 
of accessibility guidelines to outdoor recreation environments? Persons 
responding to this question should review pages 153-159 and 166-171 of 
the committee's report.

Beaches (Pages 186-187)

    The outdoor developed areas subcommittee also examined beach 
facilities and recommended that an accessible route be provided to a 
point 36 inches beyond the water's edge at high tide. The subcommittee 
stated that a stable, firm and slip resistant surface may be 
accomplished by using permanent materials (e.g., concrete, wood, or 
plastic decking); temporary, removable materials (e.g., mats or mesh) 
during daylight hours; or a combination of both. Water level changes 
due to tides, shifting shorelines, and erosion may impact on potential 
solutions.
    Question 14: Should an accessible route be required to the water? 
If so, where should it be located? Should a temporary accessible route 
be allowed where a permanent one is not practicable or feasible?

Snow Facilities (Pages 190-201)

    The outdoor developed areas subcommittee also examined skiing and a 
variety of other snow activities. The subcommittee recommended that 
accessible parking spaces be located a maximum of 300 feet from base 
area facilities or other snow area activities, unless an accessible 
transportation option is provided. The subcommittee also proposed the 
concept of a snow access route. The subcommittee noted that the ANSI 
B77.1 committee is conducting research on accessibility requirements 
for lifts and has recommended that guidelines for lifts be reserved 
pending the research, except for loading and unloading areas and lift 
corrals and waiting areas.
    Question 15: What are the critical access issues for individuals 
with disabilities in snow facilities? The Access Board is interested in 
receiving additional information on ski lift access.

Other Facility Types

    Question 16: Are there other types of recreation facilities and 
outdoor developed areas that are not addressed in the committee's 
report? If so, the Access Board is interested in receiving information 
on providing access to those facilities and areas.
    The Recreation Access Advisory Committee has performed an 
invaluable public service by gathering information on diverse types of 
recreation facilities and outdoor developed areas; involving other 
interested persons in its work; and attempting to build consensus on 
possible solutions for providing access to these facilities and areas. 
The Access Board wants to encourage greater public participation as it 
develops a notice of proposed rulemaking establishing accessibility 
guidelines for newly constructed and altered recreation facilities and 
outdoor developed areas and invites comments on the committee's report. 
The comments will be considered along with the committee's report as 
the Access Board develops the notice of proposed rulemaking.
    Authorized by vote of the Access Board on July 13, 1994.
Judith E. Heumann,
Chairperson, Architectural and Transportation Barriers Compliance 
Board.
[FR Doc. 94-23180 Filed 9-20-94; 8:45 am]
BILLING CODE 8150-01-P