[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Proposed Rules]
[Pages 48444-48445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19482]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 37

[Docket No. OST-2000-7703]
RIN 2105-AC86


Americans With Disabilities Act Accessibility Standards

AGENCY: Office of the Secretary.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Department of Transportation is proposing to amend its 
rules implementing the Americans with Disabilities Act (ADA) by 
adopting as its standards revised accessibility guidelines proposed by 
the Architectural and Transportation Barriers Compliance Board (Access 
Board). The Access Board published a notice of proposed rulemaking 
(NPRM) to revise and update the accessibility guidelines for the ADA 
and the Architectural Barriers Act (ABA) in the November 16, 1999 issue 
of the Federal Register. This proposed rule would adopt the Access 
Board's revised and updated ADA guidelines and make a conforming change 
to the Department's rule implementing the ADA.

DATES: Comments are requested by September 7, 2000.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Docket No. OST-2000-7703, 
Room PL-401, 400 7th Street, SW., Washington, DC 20590, or submit 
electronically at http://dmses.dot.gov/submit/. The Dockets Management 
Facility, Room PL-401, is open for public inspection and copying of 
comments from 9 a.m. to 5 p.m. ET Monday through Friday, except Federal 
Holidays. Any person wishing acknowledgement of comment receipt should 
include a self-addressed stamped postcard, or print the acknowledgement 
page after submitting comments electronically. The public may also 
review docketed comments electronically.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Attorney, Regulation 
and Enforcement, Department of Transportation, 400 7th Street, SW., 
Room 10424, Washington, DC, 20590. (202) 366-4723 (voice); (202) 755-
7687 (TDD); [email protected] (email). Copies will be made 
available in alternative formats on request.

SUPPLEMENTARY INFORMATION: All timely comments received by the Access 
Board on its notice of proposed rulemaking (NPRM) published November 
16, 1999 (64 FR 62248), will be deemed by the Department to have been 
submitted in response to this proposed rule and will be considered 
fully as the Department works towards a final rule based on this 
proposal. Therefore, it is not necessary for any comments submitted to 
the Board on its proposed rule to be resubmitted to the Department.
    This proposed rule would adopt the amended Access Board's Appendix 
A which contains scoping provisions for the ADA and Appendix C which 
contains common technical provisions for the ADA as a new Appendix A to 
Part 37, replacing the Department's current Appendix A. The Access 
Board issued an NPRM on November 16, 1999 and requested public comments 
on its revised appendices. Then, on March 9, 2000, the Access Board 
extended the comment period until May 15, 2000 to allow the public 
additional time to prepare comments on the proposed rule. See 65 FR 
12493. As a member of the Access Board, the Department will be actively 
involved in the review and analysis of comments the Access Board 
receives and in making any revisions on the appendices in response to 
those comments. Therefore, the Department has proposed to adopt the 
Access Board's amended appendices A and C as its accessibility 
standards. We request comments on whether the Department's 
accessibility standards should differ from the Access Board's 
guidelines proposed on November 16, 1999.

Regulatory Analyses and Notices

Executive Order 12866

    This NPRM which proposes to adopt the Access Board's accessibility 
guidelines is significant under Executive Order 12866 and significant 
under DOT policies and procedures. The Access Board's NPRM which 
underlies this rule and which was published in the November 16, 1999 
Federal Register is also significant under Executive Order 12866 . Both 
the Access Board's NPRM and this NPRM have been reviewed by the Office 
of Management and Budget. The Access Board prepared a Regulatory 
Assessment, which examines the cost impact of sections of the proposed 
rule that establish new requirements. In order to avoid duplicative or 
unnecessary analyses, DOT is utilizing the regulatory assessment 
prepared by the Access Board. Comments submitted to the Access Board on 
its Regulatory Assessment will be considered by the Department as 
comments on this NPRM.

Executive Order 13132: Federalism

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This NPRM 
will not have a substantial effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and

[[Page 48445]]

responsibilities among various levels of government.

Unfunded Mandates Reform Act

    This NPRM does not need to be assessed to determine its effects on 
State, local, and tribal governments since it is issued under the 
authority of the Americans with Disabilities Act (ADA). The Unfunded 
Mandates Reform Act of 1995 does not apply to proposed or final rules 
that enforce constitutional rights of individuals or enforce any 
statutory rights that prohibit discrimination on the basis of race, 
color, sex, national origin, age, or disability.

Regulatory Flexibility Act

    The Access Board has determined that its guidelines will not have a 
significant economic impact on a substantial number of small entities 
and, therefore, has not prepared a Regulatory Flexibility Analysis. 
This determination also applies to the Department's proposed adoption 
of the revised ADAAG.

Paperwork Reduction Act

    This rule does not contain information collection requirements 
subject to the Paperwork Reduction Act.

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.
    For the reasons set forth in the preamble, the Department proposes 
to amend 49 CFR part 37 as set forth below:

PART 37--[AMENDED]

    1. The authority citation for part 37 continues to read as follows:

    Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.

    2. Appendix A to Part 37, ``Standards for Accessible Transportation 
Facilities,'' is revised to read as follows:

Appendix A to Part 37--Standards for Accessible Transportation 
Facilities

    [Note: The text of the proposed revision is identical to the 
text of appendices A and C of the Access Board's November 16, 1999 
notice of proposed rulemaking. See 64 FR 62248, 62284 and 62371.]

    Issued this 25th day of July, 2000, in Washington, DC.
Rodney E. Slater,
Secretary of Transportation.

[FR Doc. 00-19482 Filed 8-7-00; 8:45 am]
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