[Federal Register Volume 61, Number 72 (Friday, April 12, 1996)]
[Proposed Rules]
[Pages 16231-16234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8974]



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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 36

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

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 notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board), the Department of Justice, and the Department of 
Transportation propose to extend the suspension of the requirements for 
detectable warnings at curb ramps, hazardous vehicular areas, and 
reflecting pools in the Americans with Disabilities Act Accessibility 
Guidelines (ADAAG) from July 26, 1996 to July 26, 1998. The Access 
Board has established an advisory committee to conduct a comprehensive 
review of ADAAG, including the detectable warning requirements, and 
plans to initiate rulemaking to revise and update ADAAG based on the 
advisory committee's recommendations. Extending the suspension date for 
the detectable warning requirements will allow the Access Board to 
consider the advisory committee's recommendations and available 
research data, and to address the detectable warning requirements in 
the rulemaking to revise and update ADAAG.

DATES: Comments should be received by May 13, 1996. Comments received 
after this date will be considered to the extent practicable.

ADDRESSES: Comments should be sent to the Office of the General 
Counsel, Architectural and Transportation Barriers Compliance Board, 
1331 F Street, NW., suite 1000, Washington, DC 20004-1111. The Access 
Board will provide copies of all comments received to the Department of 
Justice and the Department of Transportation.
    Comments will be available for inspection at the above address from 
9:00 a.m. to 5:30 p.m. on regular business days.

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: 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 Alternate Formats

    Copies of this proposed 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 DW1 (Detectable Warnings Notice of Proposed 
Rulemaking). Persons using a TTY should call (202) 272-5449 or (800) 
993-2822. Please give 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 proposed rule is available on electronic bulletin board at 
(202) 272-5448 (Access Board) and (202) 514-6193 (Department of 
Justice). These telephone numbers are not toll-free numbers.
    The proposed rule is also available on the Internet. It can be 
accessed with World Wide Web software (http://www.usdoj.gov).

Background

    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 (36 CFR part 1191), which is commonly referred to as ADAAG. 
Sections 1 through 10 of ADAAG have been adopted as the accessibility 
standards for the Americans with Disabilities Act by the Department of 
Justice (28 CFR part 36) and the Department of Transportation (49 CFR 
part 37).
    As issued in 1991, ADAAG required that a pattern of small, raised 
truncated domes be built in or applied to walking surfaces at certain 
locations on a site to warn pedestrians who are blind or visually 
impaired of hazards on a circulation path. The detectable warnings were 
required at:
     Curb ramps (ADAAG 4.7.7);
     Hazardous vehicular areas (i.e., where pedestrian ways 
adjoin vehicular ways and there are no curbs, railings, or other 
elements separating the pedestrian and vehicular ways) (ADAAG 4.29.5); 
and
     Reflecting pool edges that are not protected by railings, 
walks, or curbs (ADAAG 4.29.6).1
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    \1\ Detectable warnings were also required at platform edges in 
train stations that are not protected by platform screens or guard 
rails (ADAAG 10.3.1 (8)). The requirement for detectable warnings at 
platform stations in train stations is not affected by this 
rulemaking action.
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    In April 1994, the Access Board, the Department of Justice, and the 
Department of Transportation issued a joint rule that suspended the 
requirements for detectable warnings at curb ramps, hazardous vehicular 
areas, and reflecting pools until July 26, 1996. 59 FR 17442 (April 12, 
1994). This action was taken to allow the agencies to consider the 
results of a research project on the need for detectable warnings at 
vehicular-pedestrian intersections. The research project, which was 
sponsored by the Access Board and was conducted by the Virginia 
Polytechnic Institute and State University, was completed in January 
1995.
    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 and cross 
intersections. The research project also showed that the travel skills 
and experience of the pedestrian who is blind or visually impaired are 
also important factors in negotiating an intersection. 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

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overall performance because, in their absence, pedestrians who are 
blind or visually impaired used whatever other cues were available to 
detect and cross 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 be explored for providing information about intersections, 
which may be less costly and equally or more effective than detectable 
warnings.2
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    \2\ The research project also examined whether detectable 
warnings introduce barriers to other pedestrians. The research 
project found that most pedestrians ignored the detectable warnings 
and no major problems were encountered.
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    The Access Board, in cooperation with Project ACTION, has taken 
steps to further define specific areas of research that are necessary 
in order to provide adequate information for pedestrians who are blind 
or visually impaired at crossings, intersections, hazardous vehicular 
areas, and reflecting pools. A panel of experts representing people who 
are blind or visually impaired, designers and engineers, educators, 
researchers, and State and local governments was assembled in June 1995 
to review the existing research on pedestrians who are blind or 
visually impaired and to develop a statement of research needs. It is 
anticipated that a final statement of research needs will be available 
by the summer of 1996.
    The Access Board has also established an advisory committee to 
conduct a comprehensive review of ADAAG. The advisory committee has 
formed several subcommittees, including a communications subcommittee 
which considered the detectable warning requirements. The subcommittees 
have presented their recommendations to the full advisory committee 
which is reviewing the recommendations and will issue a final report to 
the Access Board by September 1996. The Access Board plans to initiate 
rulemaking to revise and update ADAAG based on the advisory committee's 
report in fiscal year 1997. The Access Board intends to address the 
requirements for detectable warnings in the planned rulemaking to 
revise and update ADAAG, after considering the advisory committee's 
recommendations and available research data.
    In view of advisory committee's activities and the planned 
rulemaking to revise and update ADAAG, the Access Board, the Department 
of Justice, and the Department of Transportation propose to extend the 
suspension of the detectable warnings requirements at curb ramps, 
hazardous vehicular areas, and reflecting pools from July 26, 1996 to 
July 26, 1998. This extension will allow the Access Board to consider 
the recommendations of the advisory committee that is currently 
reviewing ADAAG and available research data, and to address the 
requirements in the planned rulemaking to update and revise ADAAG.

Regulatory Process Matters

    The Access Board, the Department of Justice, and the Department of 
Transportation have independently determined that this proposed rule is 
not a significant regulatory action under Executive Order 12866. 
Accordingly, a regulatory analysis is not required. It is a significant 
rule under the Department of Transportation's regulatory policies and 
procedures since it amends the agency's Americans with Disabilities Act 
regulations, which are a significant rule. The Department of 
Transportation expects the economic impacts to be minimal and has not 
prepared a full regulatory evaluation.
    Executive Order 12875 prohibits agencies from promulgating any 
regulation that is not required by statute and that creates a mandate 
upon a State, local, or tribal government unless certain conditions are 
met. This proposed rule creates no new mandate. Consistent with the 
spirit of Executive Order 12875, this proposed rule continues the 
suspension of an existing regulatory requirement to allow for further 
review of the requirement.
    The Access Board, the Department of Justice, and the Department of 
Transportation have also independently certified under section 605(b) 
of the Regulatory Flexibility Act that this proposed 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. 
Therefore, an initial regulatory flexibility analysis is not required.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF JUSTICE
Text of Proposed 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 Secs. 4.7.7, 
4.29.5, and 4.29.6 of appendix A to this part are suspended temporarily 
until July 26, 1998.

Adoption of Proposed Common Rule

    The agency specific proposals to adopt the proposed 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, 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 proposed to be 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).


Sec. 36.407  [Revised]

    2. Section 36.407 is revised to read as set forth at the end of the 
common preamble.
Janet Reno,
Attorney General.
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

List of Subject in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities.

Authority and Issuance

    For the reasons set forth in the common preamble, part 1191 of 
title 36 of the Code of Federal Regulations is proposed to be amended 
as follows:

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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 February 23, 1996.
John H. Catlin,
Chairman, Architectural and Transportation Barriers Compliance Board.
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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 proposed to be 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: The Americans with Disabilities Act of 1990 (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.

    Dated: April 5, 1996.
Nancy E. McFadden,
Acting Secretary of Transportation.
[FR Doc. 96-8974 Filed 4-11-96; 8:45 am]
BILLING CODES 4410-01-P, 8150-01-P, 4910-62-P]