[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Proposed Rules]
[Page 56441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21806]



  Federal Register / Vol. 67, No. 170 / Tuesday, September 3, 2002 / 
Proposed Rules  

[[Page 56441]]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Parts 1190 and 1191

[Docket No. 02-2]
RIN 3014-AA20


Americans With Disabilities Act (ADA) Accessibility Guidelines 
for Buildings and Facilities; Architectural Barriers Act (ABA) 
Accessibility Guidelines; Recreation Facilities

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) has issued final rules to supplement the accessibility 
guidelines for buildings and facilities covered by the Americans With 
Disabilities Act by adding provisions for recreation facilities. The 
Access Board proposes to make the provisions in these final rules also 
apply to federally financed facilities covered by the Architectural 
Barriers Act. This action would make the accessibility guidelines for 
recreation facilities covered by these laws consistent and ensure that 
individuals with disabilities are provided the same level of access to 
recreation facilities operated by Federal agencies, as is provided by 
State and local governments and private entities.

DATES: Comments must be received by October 3, 2002.

ADDRESSES: Comments should be sent to the Office of Technical and 
Informational Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. E-mail comments should be sent to board.gov">greenwell@access-board.gov. 
Comments sent by e-mail will be considered only if they contain the 
full name and address of the sender in the text. Comments will be 
available for inspection at the above address from 9 a.m. to 5 p.m. on 
regular business days.

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) 272-0017 (voice); (202) 272-0082 (TTY). 
Electronic mail address: board.gov">greenwell@access-board.gov.

SUPPLEMENTARY INFORMATION: In 1999, the Access Board issued a notice of 
proposed rulemaking to revise and update the accessibility guidelines 
for buildings and facilities covered by the Americans with Disabilities 
Act (ADA) and the Architectural Barriers Act (ABA). 64 FR 62248 
(November 16,1999). One of the purposes of the rulemaking is to make 
the ADA and ABA accessibility guidelines more consistent. The Access 
Board plans to issue a final rule to revise and update the ADA and ABA 
accessibility guidelines later this year.
    The Access Board conducted separate rulemakings to supplement the 
ADA accessibility guidelines by adding provisions for play areas and 
other recreation facilities. A final rule adding provisions for play 
areas was issued in 2000. 65 FR 62498 (October 18, 2000).
    A final rule adding provisions for other recreation facilities, 
including amusement rides, boating facilities, fishing piers and 
platforms, golf courses and driving ranges, miniature golf, exercise 
equipment, bowling lanes, shooting facilities, swimming pools, wading 
pools, and spas, is issued elsewhere in today's Federal Register. The 
final rule issued in today's Federal Register also reprints the 
provisions for play areas that were issued in 2000. The Access Board 
will incorporate the provisions for play areas and the other recreation 
facilities in the final rule to revise and update the ADA and ABA 
accessibility guidelines when it is issued later this year.
    When the notice of proposed rulemaking for the other recreation 
facilities was issued, the notice stated that the Access Board would 
take action in the future to make the provisions applicable to 
federally financed facilities covered by the ABA, and encouraged 
Federal agencies and other interested persons to comment on the 
provisions as they relate to those facilities. 64 FR 37327 (July 9, 
1999). Federal agencies commented on the notice. Although the notice of 
proposed rulemaking for play areas did not refer to federally financed 
facilities covered by the ABA, Federal agencies which operate child 
care centers and schools that may construct or alter play areas are 
members of the Access Board and participated in the rulemaking. 63 FR 
24080 (April 30, 1998).
    The purpose of this notice is to inform the public that the Access 
Board proposes to make the provisions in the final rules for play areas 
and other recreation facilities apply to federally financed facilities 
covered by the ABA. As indicted above, the provisions for play areas 
and other recreation facilities will be incorporated in the final rule 
to revise and update the ADA and ABA guidelines when issued later this 
year.
    This final rules for play areas and other recreation facilities are 
significant regulatory actions under Executive Order 12866 and have 
been reviewed by the Office of Management and Budget. The Access Board 
assessed the benefits and costs of the final rules. The assessments 
have been placed in the public docket and are available for inspection. 
The assessments are also available on the Board's Internet site (http:/
/www.access-board.gov).
    This action will affect Federal agencies which operate child care 
centers and schools that may construct or alter play areas, and Federal 
agencies that construct or alter other recreation facilities covered by 
the final rules. To the extent data was available on play areas and 
other recreation facilities constructed or altered by Federal agencies, 
it was included in the assessments.
    The Access Board prepared initial and final regulatory flexibility 
analyses for the proposed and final rules for play areas and other 
recreation facilities. As indicated above, this action will affect 
Federal agencies and does not require the preparation of any additional 
analyses under the Regulatory Flexibility Act.

Thurman M. Davis, Sr.,
Chair, Architectural and Transportation Barriers Compliance Board.
[FR Doc. 02-21806 Filed 8-30-02; 8:45 am]
BILLING CODE 8150-01-P