[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: 
[email protected].

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]
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