[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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