[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19084-19085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10125]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Parts 1190 and 1191


Accessibility Guidelines for Outdoor Developed Areas

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 
constructed and altered outdoor developed areas 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 
outdoor developed areas. 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 May 19, 1997.

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. 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, DC 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 disk) upon request. This 
document is also available on the Board's Internet site (http://
www.accessboard.gov/notices/outdoor.htm).

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
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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; General Services Administration; and 
the United States Postal Service.
    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.
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    In July 1993, the Access Board established a 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 to the Access 
Board in July 1994. The recommendations addressed 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 published 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.
    Based on the recommendations of the Recreation Access Advisory 
Committee and through comments received in response to the ANPRM, the 
Board has sufficient information to proceed with a proposed rule to 
address access to sports facilities; places of amusement; golf 
facilities; and boating and fishing facilities. However, the Board has 
identified two areas where there is a lack of consensus. These two 
areas are play facilities such as playgrounds and similar facilities 
found in schools and day care centers; and outdoor developed areas such 
as parks, trails, camping facilities, picnic areas, and beaches. The 
Board will use regulatory negotiation committees to reach consensus in 
both of these areas. In February 1996 the Board established a 
regulatory negotiation committee on access to play facilities. The 
Committee is expected to issue a report to the Board in July 1997.
    The Board now is turning its attention to the remaining issues 
affecting outdoor developed areas. The Recreation Access Advisory 
Committee provided recommendations for accessibility requirements based 
upon the premise that there is a spectrum of recreation settings that 
occur in the outdoor environment. The recommendations identified four 
different environments that exist in outdoor areas. The areas include 
the highly developed or urban; the moderately developed or natural; the 
minimally developed or back-country; and the undeveloped or primitive 
area. To accommodate the highly, moderately, and minimally developed 
sites, three degrees of accessibility, (easier, moderate, and 
difficult) were recommended which correlate with the amount of site 
modification and development as well as the natural environment and 
rugged terrain. The Committee recommended that no requirements apply in 
the primitive environment.
    Two alternatives were presented to determine the highest degree of 
accessibility. One alternative based the determination of highest 
degree of access on the consideration of five interrelated factors: 
recreation setting, condition of the natural environment, amount of 
structural modification, recreation experience, and consultation with 
people with disabilities. The other approach, defines the highest 
degree of access at the outset to be the easier degree for all 
recreation settings and environments unless it would change the 
fundamental nature of the activity or environment. Exceptions can then 
be invoked to modify the degree of access, on a requirement by 
requirement basis, because of severe elevations, geologic features, 
historic character, or the specific purpose of a trail. Documentation 
for the exception must include evidence that people with

[[Page 19085]]

disabilities or their representatives were involved in the decision.
    The Access Board proposes to establish a regulatory negotiation 
committee to reach consensus on the approach and to develop a proposed 
rule on accessibility guidelines for outdoor developed areas. 
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.
    The interests likely to be significantly affected by accessibility 
guidelines for outdoor developed areas include State and local 
governments; individuals with disabilities; designers; conservation 
groups; trails groups; and private sector camping facilities. The 
Access Board proposes to appoint the following organizations to 
represent these interests on the regulatory negotiation committee:

American Association of Landscape Architects
American Trails
KOA (Kampgrounds of America), Inc.
National Association of State Park Directors
National Association of State Trail Administrators
National Center on Accessibility
National Council on Independent Living
National Parks and Conservation Association
National Recreation and Park Association
Paralyzed Veterans of America
Partners for Access to the Woods
Rails to Trails Conservancy
State of Washington, Interagency Committee for Outdoor Recreation
TASH (The Association of Severely Handicapped)
U.S. Architectural and Transportation Barriers Compliance Board
U.S. Army Corps of Engineers
U.S. Department of Agriculture, Forest Service
U.S. Department of the Interior, National Park Service
Whole Access

    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 outdoor developed areas and who believe that their 
interests will not be adequately represented by the above organizations 
may apply for, or nominate another organization for, membership on the 
regulatory negotiation committee. The Board especially encourages 
additional organizations representing individuals with disabilities to 
apply for membership on the 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 should be limited. Each person or organization affected by 
accessibility guidelines for outdoor developed areas 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 meetings 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.
    The Access Board has arranged for the Federal Mediation and 
Conciliation Service to provide facilitators for the regulatory 
negotiation committee. Staff support will 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 June 26-27, 1997 in Washington, DC. The 
Access Board expects that the regulatory negotiation committee will 
develop a proposed rule within 15 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 outdoor developed areas, the Access 
Board will publish a notice of proposed rulemaking (NPRM) in the 
Federal Register inviting public comment.

    Issued on April 15, 1997.
Patrick D. Cannon,
Chair, Architectural and Transportation Barriers Compliance Board.
[FR Doc. 97-10125 Filed 4-17-97; 8:45 am]
BILLING CODE 8150-01-P