[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Notices]
[Pages 35578-35579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14514]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD


Courthouse 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 Courthouse Access 
Advisory Committee (Committee) to advise the Access Board on issues 
related to the accessibility of courthouses 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 August 24, 2004.

ADDRESSES: Applications should be sent to the attention of Ms. Rose 
Bunales, Architectural and Transportation Barriers Compliance Board, 
1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Fax number 
(202) 272-0081. Applications may also be sent via electronic mail to 
the Access Board at the following address: board.gov">CAAC@access-board.gov.

FOR FURTHER INFORMATION CONTACT: Elizabeth Stewart, Deputy General 
Counsel, Architectural and Transportation Barriers Compliance Board, 
1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone 
number (202) 272-0042 (Voice); (202) 272-0082 (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-
0080, by pressing 2 on the telephone keypad, then pressing 1, and 
requesting publication S-44 (Courthouse Access Advisory Committee 
notice). Persons using a TTY should call (202) 272-0082. Please record 
a name, address, telephone number and request publication S-44. 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/courthouse.htm).

Background

Americans with Disabilities Act

    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 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 whom 
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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    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 January 13, 1998, the Access Board published a final rule in the 
Federal Register which added two 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. (63 FR 2000) 
Those special application sections included section 11, which addresses 
Judicial, Legislative, and Regulatory Facilities and section 12, 
Detention and Correctional Facilities.

[[Page 35579]]

Architectural Barriers Act

    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). 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.
    In addition to its responsibilities to establish minimum guidelines 
for facilities covered by the ABA, the Access Board is also charged 
with enforcing the standards issued by the four standard-setting 
agencies. (29 U.S.C. 792(b)(1).)

Courthouse Access Advisory Committee

    In February of this year, the Access Board announced that it will 
undertake outreach activities that highlight accessibility within a 
particular sphere or focus area. Outreach efforts will aim to increase 
awareness of a particular aspect of accessibility through partnerships 
with interested stakeholders and the development and distribution of 
information and guidance materials. The goal of this program is to 
increase the visibility of different facets of accessibility in a 
manner that supplements the Board's technical assistance and training 
programs, builds partnerships with other entities, improves compliance 
with access requirements, and showcases best practices for accessible 
design. In choosing access to courthouses as its first focus topic, the 
Board gave priority to an area that has been problematic or not well 
understood and where supplementary guidance is needed. Elevated spaces 
within courtrooms, such as judges' benches and witness stands, and 
space limitations within the well of the court have posed challenges to 
designers as to how access can best be achieved. In addition, there are 
known and potential design solutions for achieving access to courtroom 
spaces that bear further exploration. The Board plans to collaborate 
with agencies that oversee the construction of courthouses, such as the 
General Services Administration, on addressing these and other issues. 
The information to be developed will be relevant to Federal courthouses 
covered by the Architectural Barriers Act and State and county 
courthouses covered by the Americans with Disabilities Act.
    As part of the outreach efforts on courthouse accessibility, the 
Access Board intends to establish a Federal advisory committee to 
advise the Access Board on issues related to the accessibility of 
courthouses, particularly courtrooms, including best practices, design 
solutions, promotion of accessible features, educational opportunities, 
and the gathering of information on existing barriers, practices, 
recommendations, and guidelines. (The Committee will not be making 
recommendations on agency rulemaking). The Committee will be expected 
to present a report with its recommendations to the Access Board. The 
Access Board requests applications for representatives of the following 
interests for membership on the Committee:
     Federal agencies (ex-officio membership);
     Design professional organizations;
     Judges and court administrators;
     State and local government agencies;
     Standards setting organizations;
     Organizations representing the access needs of individuals 
with disabilities; and
     Other persons affected by courthouse accessibility.
    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 technical 
and design expertise; knowledge of making courthouses accessible to 
individuals with disabilities; and familiarity with judicial and court 
administration.
    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 4th and 
5th, 2004, 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. 04-14514 Filed 6-24-04; 8:45 am]
BILLING CODE 8150-01-P