[Federal Register: June 25, 2004 (Volume 69, Number 122)]
[Notices]
[Page 35578-35579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn04-52]
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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: 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]
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