U.S. ACCESS BOARD FY 2010 BUDGET JUSTIFICATION

TABLE OF CONTENTS

• INTRODUCTION
• GUIDELINES AND STANDARDS DEVELOPMENT
  
• TECHNICAL ASSISTANCE, TRAINING AND RESEARCH
  
• ARCHITECTURAL BARRIERS ACT COMPLIANCE AND ENFORCEMENT
  
• APPENDIX A: ACCESS BOARD BUDGETS/ COST DISCUSSION
• APPENDIX B: STATUS OF ACCESS BOARD RULEMAKING EFFORTS AND COOPERATIVE EFFORTS
  
• APPENDIX C: DATA ON ABA CASES
• APPENDIX D: TECHNICAL ASSISTANCE CONTACT DATA
  

ACCESS BOARD FY 2010 BUDGET JUSTIFICATION

This document presents the Access Board's budget justification for fiscal year (FY) 2010. We are requesting a total budget authority of $7,000,000 (See Appendix A). The Board will continue with its ongoing programs and has followed the directives issued by the Office of Management and Budget for the preparation of our budget request.

INTRODUCTION

Following the Government Performance and Results Act, the Board has established long-range goals and annual objectives that describe the strategies it will implement to achieve the long-range goals (the Board is in the process of updating its strategic plan; this will be reflected in next year's budget request). The objectives are described in terms that permit future assessment regarding whether the objectives were achieved. To satisfy the requirements for an annual performance plan and review, this discussion and budget justification presents information under each of the Board's program areas and reports on the results from FY 2008 activities, reviews the planned FY 2009 activities, and presents the FY 2010 objectives.

The Board has adopted this mission statement to guide its programs: The Board is the catalyst for achieving an accessible America. The statement recognizes that achieving an accessible America requires bringing together the public and private sectors. The Board has established three long range goals for its programs and to support our mission:

• Be a leader in developing and updating guidelines, standards, and codes for accessibility;
• Be a leading partner with Federal agencies to make the Federal government a model of compliance with accessibility standards; and
• Be a leader in information, education, and outreach on accessibility.

In developing objectives and strategies for achieving the long-range goals, the Board seeks to work together with its stakeholders toward common objectives. The Board's plan is simple: work with its stakeholders to establish consensus-based guidelines and standards that are fair, reasonable, and acceptable to all interests; where the Board has enforcement responsibilities over Federal agencies, assist those agencies to achieve full compliance; and involve its stakeholders in developing and disseminating materials and manuals that will help them understand and comply with our guidelines and standards. The Board has four strategic priorities to guide its work. The priorities support our mission and long range goals. They include:

• Complete the guidelines for information and communications technology, transportation vehicles, emergency transportable housing, outdoor developed areas, passenger vessels, and public rights-of-way;
• Work with Federal agencies to improve accessibility by coordinating with standard-setting agencies to facilitate adoption of the Board's guidelines as enforceable standards, and developing technical assistance materials and providing training on the new guidelines;
• Improve the electronic exchange of information with Board stakeholders by improving and updating the Board's website; and
• Promote accessible design though architecture and engineering curricula by partnering with others.

The Board was established by section 502 of the Rehabilitation Act and is the only Federal agency whose primary mission is accessibility for people with disabilities. The Board is responsible for developing guidelines under the Americans with Disabilities Act, the Architectural Barriers Act, and the Telecommunications Act for ensuring that buildings and facilities, transportation vehicles, and telecommunications equipment covered by these laws are readily accessible to and usable by people with disabilities. The Board is also responsible for developing standards under section 508 of the Rehabilitation Act for accessible electronic and information technology used by Federal agencies. Additionally, under the Help America Vote Act, the Board serves on the Board of Advisors and the Technical Guidelines Development Committee that assist the Election Assistance Commission in developing voluntary guidelines and guidance for voting systems, including accessibility for people with disabilities.

The Board also enforces the Architectural Barriers Act and provides training and technical assistance on each of its guidelines and standards, and on a variety of other accessibility issues. Additionally, the Board maintains a research program that develops technical assistance materials and provides information needed for rulemaking.

The Board's programs will result in accessible buildings and facilities, transportation vehicles, telecommunications equipment, and information and communications technology across our country and, ultimately, the full economic and social integration of people with disabilities into our society. Achieving these results will depend not only on the Board's activities, but also on the level of commitment and action taken by other Federal agencies, State and local governments, and businesses that are required to comply with or enforce the various laws that guarantee the civil rights of people with disabilities.

GUIDELINES AND STANDARDS DEVELOPMENT

FY 2008 Results - Rulemaking
FY 2008 Results - Codes and Standards
FY 2009 Planned Activities - Rulemaking
FY 2010 Objectives - Rulemaking
FY 2009 Planned Activities - Codes and Standards
FY 2010 Objectives - Codes and Standards

FY 2008 Results - Rulemaking

The Board will continue to develop and update accessibility guidelines and standards and work cooperatively with organizations that develop codes and standards affecting accessibility through FY 2010 and beyond. A report on the Board's current and completed rulemakings and cooperative efforts in codes and standards development is attached as Appendix B. The status of current guidelines and standards efforts is presented below.

Information and Communications Technology

In July 2006, the Board created the Telecommunications and Electronic and Information Technology Advisory Committee to update and revise the Section 508 standards and the Telecommunications Act Accessibility Guidelines. The Section 508 standards, which were published in 2000, cover products and technologies procured by the Federal government, including computer hardware and software, websites, phone systems, fax machines, and copiers, among others. The Telecommunications Act guidelines were published in 1998 and apply to manufacturers of telecommunications equipment and customer premises equipment.

Forty-one organizations were selected to serve on the advisory committee. The committee's membership included representatives from industry, disability groups, standard-setting bodies in the U.S. and abroad, and government agencies, among others. The committee completed its work and presented its report to the Board in April 2008. The Board has been working with an ad hoc committee of Board members, staff, and Federal agencies to develop a notice of proposed rulemaking. A vote on a proposed rule is planned for 2010.

Transportation Vehicles Guidelines Update

In April 2007, the Board released for public comment a preliminary draft of revisions updating its accessibility guidelines for buses and vans covered by the Americans with Disabilities Act. In response, vehicle manufacturers, transit operators, trade associations, consumers, disability groups, and others provided feedback on the draft changes. The Board received approximately 90 comments. The Board used this input to refine the draft and published a second draft in November 2008 for additional comment. Thirty-three comments were received on this second draft. Comments from both drafts are posted on the Board's website. The Board is now working with an ad hoc committee of Board members, staff, and Federal agencies to develop a notice of proposed rulemaking. A vote on a proposed rule is planned for late 2009.

The latest draft includes revisions to bring the guidelines, which were first published in 1991, up-to-date. Changes include the addition of provisions for new or variant forms of service, such as bus rapid transit. In addition, the Board is revisiting various specifications, such as minimum space requirements for wheelchairs due to the increasing diversity of mobility aids now on the market. The Board will also issue draft updates in the future for other sections of the vehicles guidelines, which, in addition to buses and vans, cover rail cars, trams, and other modes of transportation.

Emergency Transportable Housing

A new Board advisory committee on emergency transportable housing was created in September 2007. The Board organized this committee, which included representation from disability groups, industry and building code groups, and government agencies, to provide recommendations on supplementing its guidelines to cover emergency transportable housing. Access to such housing proved problematic in the aftermath of Hurricane Katrina and, after verifying and examining the issues involved, the Board determined that supplementary guidelines were needed.

The committee completed its work and presented its report to the Board in November 2008. The Board is now working with an ad hoc committee of Board members, staff, and Federal agencies to develop a notice of proposed rulemaking. A vote on a proposed rule is planned for 2010.

Outdoor Developed Areas

In June 2007, the Board released proposed guidelines for public comment that address access to new or altered trails, beaches, and picnic and camping areas on sites managed by the Federal government. The guidelines would apply to sites developed or altered by Federal land management agencies, including the U.S. Forest Service, the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, and the Army Corps of Engineers, among others.

The Board held three public hearings on the proposed guidelines in Denver, CO; Washington, DC; and Indianapolis, IN (in conjunction with the National Recreation and Park Association's annual congress). Approximately 140 comments were received on the proposed rule. Hearing testimony and written comments are posted on the Board's website. The Board has been working with an ad hoc committee of Board members, staff, and representatives of the Federal land management agencies to finalize this rule. The Board approved the text of the final rule in January 2009. We are now developing preamble, advisory notes, and a regulatory assessment for the rulemaking. Because the format of the guidelines has changed dramatically since the proposed rule was issued we will recommend to the Board that a draft of the final rule be released for public comment prior to issuing a final rule. Proposed guidelines for non-Federal sites will be published for comment at a future date.

Passenger Vessels

In July 2006, the Board made available for public comment revised draft accessibility guidelines for passenger vessels, which are permitted to carry more than 150 passengers or more than 49 overnight passengers. The revised draft guidelines will also apply to all ferries and tenders which carry 60 or more passengers. We received approximately 175 comments on the draft guidelines. Comments are posted on the Board's website. Passenger vessel operators, individuals with disabilities, and organizations representing the various interest groups commented that a provision in the draft guidelines, which required emergency alarm systems to comply with “principles of best practice”, was vague and requested additional guidance. The Board agreed that additional guidance would be helpful and in August 2007 created a Passenger Vessel Emergency Alarms Advisory Committee to assist in this matter. The committee's membership included representatives from disability organizations, the vessel and cruise ship industry and trade groups, and the National Fire Protection Association, among others. The committee completed its work and presented its report to the Board in October 2008. The committee's recommendations will advance the Board's development of new guidelines for passenger vessels, which are to include criteria for emergency alarm systems. A vote on a complete notice of proposed rulemaking is planned for 2010.

Public Rights-of-Way

In August 2007, the Board released a new design guide on achieving accessibility in alterations projects involving public streets and sidewalks. Accessible Public Rights-of-Way: Planning and Designing for Alterations, published by the Institute of Transportation Engineers with support from the Board, explains how to maximize accessibility in the course of alterations through careful planning, an understanding of current regulations and access criteria, and strategies for negotiating constraints. The guide outlines and illustrates 25 design solutions, models sidewalks by right-of-way width, and includes case studies and other resources. This information was developed by a group of members of the Board's former Public Rights-of-Way Access Advisory Committee, which prepared recommendations for the Board's use in developing new guidelines for public rights-of-ways.

Previously, in November 2005, the Board released revised draft guidelines on accessible public rights-of-way to facilitate its work in developing a regulatory assessment. We developed a matrix for the regulatory assessment and held several meetings with industry and disability experts to gather feedback on it. The revised draft incorporates recommendations received from the public in response to an earlier draft released in June 2002. The Board has been working with an ad hoc committee of Board members and staff to develop a notice of proposed rulemaking. The Board approved the text of the proposed rule in January 2009. We are now developing preamble, advisory notes, and a regulatory assessment for the rulemaking. Once the entire package is completed, the Board will vote to forward it to the Office of Management and Budget for review.

FY 2008 Results - Codes and Standards

Adoption of Board Guidelines as Enforceable Standards

In order for the Board's accessibility guidelines to become enforceable, other Federal agencies must generally complete rulemaking to adopt the guidelines as standards. The Department of Housing and Urban Development, the Department of Defense, the General Services Administration, and the U.S. Postal Service use the Board's guidelines to develop enforceable standards under the Architectural Barriers Act. The Departments of Justice and Transportation use the Board's guidelines to develop enforceable standards under the Americans with Disabilities Act. The U.S. Postal Service, General Services Administration, the Department of Defense, and the Department of Transportation have adopted the Board's guidelines as standards. In January 2009, the Department of Justice withdrew its draft final rules from the OMB review process. It is expected that DOJ will submit the final rule to the new administration soon. The Department of Housing and Urban Development has not acted yet to adopt the Board's guidelines.

Voluntary Consensus Standards

Our long-range goal is to take a leadership role in the development of codes and standards for accessibility. The Board works with model codes organizations and voluntary consensus standards groups that develop and periodically revise codes and standards affecting accessibility. We have voting membership in several codes and standards organizations, and monitor or are actively involved in the development or revision of dozens of other codes and standards affecting accessibility.

We believe this goal enhances the Board's credibility as a knowledgeable source of information regarding technical aspects of accessibility. Additionally, by working cooperatively with model codes organizations and standards-setting organizations, Federal and private codes and standards will be more similar, or harmonized, and the Board will be more alert to non-Federal influences affecting its constituencies. Harmonization between Federal and private requirements will make it more likely that buildings and facilities will be accessible, thus reducing the necessity for complaints and litigation. We actively participated in the continued development of model codes and standards referenced in our guidelines, including the ADA (Americans with Disabilities Act) and ABA (Architectural Barriers Act) Accessibility Guidelines (July 2004). In FY 2008, we participated in the following standards activities:

• ICC/ANSI (International Code Council/American National Standards Institute) A117 Committee
• ICC/ANSI A117 Assembly Task Force
• ICC/ANSI A117 Harmonization Task Force
• ICC/ANSI A117 Residential and Visitability Task Forces
• ICC/ANSI A117 Variable Message Sign Task Force
• American Society of Mechanical Engineers (ASME) A18 Platform Lift and Stairway Chair Lift Committee
• National Fire Protection Association (NFPA), Disability Access Review Advisory Committee
• NFPA 72 Single-and Multiple-Station Alarm and Household Fire Alarm Systems
• American Public Transit Association Standards Development Committee

In November 2008, the Board convened a stakeholder's roundtable to explore ways of improving acoustics in classrooms. Participants included members of the Board, acoustical and code consultants, congressional staff, representatives from the Acoustical Society of America, the U.S. Department of Education, including the National Institute on Disability and Rehabilitation Research (NIDRR), the American Speech-Language-Hearing Association, and the NIDRR funded Rehabilitation Engineering Research Center on Hearing Enhancement. The event provided an opportunity for stakeholders to explore ways to build on the progress made to date and to further promote quiet classrooms through education and outreach efforts, coordination with the codes and building industry, research, and potential legislative or regulatory initiatives.

Two Access Board members also serve as members of the Technical Guidelines Development Committee and the Board of Advisors, which provide recommendations to the Election Assistance Commission (EAC) under the Help America Vote Act. We are also a member of the Interagency Committee on Standards Policy, which is the body that is responsible for overseeing the use of standards by Federal agencies in accordance with the National Technology Transfer and Advancement Act.

FY 2009 Planned Activities - Rulemaking

In FY 2009 we do not plan to issue any proposed or final guidelines. Two bills introduced in the current Congress impact the work of the Board. If enacted, both bills would impact the Board in FY 2009 and beyond. HR. 1938, the Promoting Wellness for Individuals with Disabilities Act of 2009 would have the Access Board develop standards within 9 months for access to medical diagnostic equipment used in (or in conjunction with) physician's offices, clinics, emergency rooms, hospitals, and other medical settings. S. 584 and HR. 1443, the Complete Streets Act of 2009 would require the Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way within 12 months of enactment.

FY 2010 Objectives - Rulemaking

In FY 2010, it is our objective to issue one final guideline and five proposed rules:

• Final rule on access to outdoor developed areas
• NPRM on passenger vessels
• NPRM on public rights-of-way accessibility
• NPRM on information and communications technology
• NPRM on emergency transportable housing
• NPRM on transportation vehicles (buses, vans, and over-the-road buses)

In FY 2010 we plan to allocate the majority of our research budget to aid in the development of regulatory assessments to accelerate our rulemaking agenda.

FY 2009 Planned Activities - Codes and Standards

In FY 2009, the Board continues to work with the private sector codes community to harmonize the Board's guidelines with model codes and standards and with the Election Assistance Commission in the development of voluntary voting system guidelines under the Help America Vote Act. The EAC adopted the Voluntary Voting System Guidelines (VVSG) in December 2005. The voting system guidelines were developed with the assistance and input of a Technical Guidelines Development Committee (TGDC) and Board of Advisors. Two Access Board members serve on these groups.

The EAC is working on the next version of the Voluntary Voting System Guidelines based on draft guidelines from the TGDC. The TGDC draft guidelines were delivered to the EAC in August 2007. The TGDC's draft is a complete rewrite of the 2005 guidelines and is intended to address the next generation of voting systems. The guidelines contain new and expanded material in the areas of reliability and quality, usability and accessibility, security, and testing.

The Board recently joined the Acoustical Society of America's (ASA) Committee on Noise (S-12) and its Working Group (WG-52) that will revise the current ANSI/ASA voluntary standard on classroom acoustics, a necessary step if it is to be referenced in the International Building Code or ADAAG. We are working with the committee to reformat the existing standard to make it more possible to be a referenced standard. It is estimated that the format revisions will take approximately one year to complete.

FY 2010 Objectives - Codes and Standards

In FY 2010, the Board will continue to collaborate with the Election Assistance Commission and will continue our efforts to harmonize the Board's guidelines with model codes and standards, including the ICC/ANSI A117.1 Standard for Accessible and Usable Buildings and Facilities and the Acoustical Society of America's Committee on Noise.

TECHNICAL ASSISTANCE, TRAINING AND RESEARCH

FY 2008 Results - Leading Source of Information
FY 2009 Planned Activities - Leading Source of Information
FY 2010 Objectives - Leading Source of Information

The Board provides technical assistance to a wide variety of people regarding the accessibility guidelines and standards it issues. The Board's customers include architects, builders, designers, manufacturers, people with disabilities, State and local governments, and Federal agencies. The Board's technical assistance program has four components:

• Responding to customer inquiries. The Board responds to about 12,000 customer inquiries each year. We have toll-free telephone lines for customers to call with questions. Customers also e-mail and fax us questions. Many literally are sitting at a drawing table with a design problem. They want accurate, reliable, and timely advice. Our customers value being able to discuss their questions directly with our accessibility specialists who developed the guidelines and standards.


• Developing and disseminating bulletins, manuals, and other publications. The Board maintains about 30 publications on accessibility issues. These range from short bulletins responding to frequently asked questions about specific issues such as accessible parking, to manuals on the Board's guidelines and standards. We send out about 10,000 publications each year in print and alternate formats.


• Providing training. The Board conducts about 90 training sessions each year. Training usually is provided at conferences and seminars sponsored by other organizations. Training sponsors generally reimburse us for travel expenses.


• Maintaining the Board's website. The Board's website (www.access-board.gov) has become a very effective way to distribute information to the public. Customers can download many of our publications and view our accessibility guidelines and standards from our website. We received approximately 2.7 million user sessions and 37.7 million “hits” on our website in FY 2008.

The Board also has a strong and long-lasting partnership with the regional Disability and Business Technical Assistance Centers (DBTAC) to disseminate information about the Board's programs. The DBTACs are funded by the National Institute on Disability and Rehabilitation Research and form a comprehensive national network for the provision of information and referrals, technical assistance, public awareness and training on all aspects of the American with Disabilities Act. Many of the Board's guidelines and publications are available through the DBTAC's on-line network. The Board also provides training for each of the 10 regional centers.

The Board's long-range goal is to be known as the leading source of information about accessibility and to disseminate information to our customers in effective ways. As we develop guidelines for new areas such as emergency transportable housing, outdoor developed areas, passenger vessels, and public rights-of-way, there will be increased demands for technical assistance from existing and new customer groups. There also will be opportunities to use existing partnerships and establish new partnerships with customer groups to disseminate information about the Board's guidelines and standards.

FY 2008 Results - Leading Source of Information

Focus Issue

The Board now uses a “focus issue” approach to public outreach and technical assistance to supplement our existing outreach programs. Focusing on an issue allows us to make a large impact in a narrow segment of society. The Board selected access to courthouses as its first focus issue. Through a 31-member Courthouse Access Advisory Committee, the Board has made several important contributions to increasing the awareness of accessibility to our nation's courthouses. The committee developed technical assistance materials related to the accessibility of courthouses, particularly courtrooms, including best practices, design solutions, and the promotion of accessible features. Most notably, with support from the General Services Administration and the Administrative Office of the U.S. Courts, the committee had a full-scale courtroom mock-up built. The mock-up represented a standard Federal district courtroom design that incorporated access recommendations adopted by the committee. It provided an opportunity to validate and improve the committee's design recommendations. The mock-up was reconfigured to represent a special proceedings courtroom. The mock-up is showcased on the Board's website along with the committee's report.

In 2007, the Board identified airport accessibility as its new focus issue. The Board is paying particular attention to parking, drop off zones, signage, queue lines, counter heights, restrooms, floor coverings, inter-airport transportation, baggage claim areas, and security through the development of new technical assistance materials. There are a few other issues that have been identified including boarding bridge access and ticket kiosks which are not currently addressed by our guidelines and might lead to possible rulemaking or need further investigation. Over the last year, the Board explored many of these issues through a series of presentations in order to gather information on current products, construction, and industry practices. At the Board's annual out-of-town meeting in May 2008, we met with the administrators and construction officials going through a renovation project at Lambert-St. Louis International Airport and saw firsthand the need for technical assistance materials. Additionally, relationships have been developed with airport trade organizations and Federal transportation and security agencies that have already resulted in collaboration on technical assistance advisories. For example, we worked with the Federal Aviation Administration on its Advisory Circular 150/5220-21C for Aircraft Boarding Equipment. Also, we will identify projects, large and small, and work with the airport design and construction teams to provide technical assistance and create examples of best practices. We recently entered into a relationship to provide technical assistance and training to the design team responsible for the new terminal at Duluth International Airport in Duluth, Minnesota.

Website

We have used our website to provide copies of the Board's guidelines and answers to frequently asked questions about the guidelines so that more customers can get the information they need. The usage of our website continues to grow. There were approximately 2.7 million user sessions in FY 2008 and 37.7 million “hits” (user sessions are when a unique user visits the website during a certain period of time). All of the Board's publications are available in a variety of formats for downloading from our website. We also post public comments on the Board's rules. The public can submit comments on Board rules to us by e-mail, mail, or through regulations.gov. This year we introduced the capacity to file comments electronically on our own website. We also published and distributed six issues of Access Currents, a free newsletter the Board issues every other month by mail and e-mail.

Two notable examples of new resources which are available on our website are a new design guide on achieving accessibility in alterations projects involving public streets and sidewalks and a new web-based course on the Board's accessibility guidelines for play areas.

1. Accessible Public Rights-of-Way: Planning and Designing for Alterations, published by the Institute of Transportation Engineers with support from the Board, explains how to maximize accessibility in the course of alterations through careful planning, an understanding of current regulations and access criteria, and strategies for negotiating constraints. The guide outlines and illustrates 25 design solutions, models sidewalks by right-of-way width, and includes case studies and other resources. This information was developed by a group of former members of the Board's Public Rights-of-Way Access Advisory Committee, which prepared recommendations for the Board's use in developing new guidelines for public rights-of-ways. In the course of its work, the Committee determined that guidance specific to alterations was needed as a supplement to future guidelines.


2. The new web-based course on the Board's accessibility guidelines for play areas explains how to apply and follow the guidelines for proper access. It covers the scope and application of the guidelines, including the number of play components required to be accessible, technical provisions for accessible play equipment, surfacing in play areas, ramp and transfer system access to elevated structures, and access to soft contained play structures. The course covers all sections of the guidelines, which are one of the first of their kind in providing detailed criteria for accessible play areas. In addition, multiple choice exams are provided for each segment of the program.

Technical Assistance and Research Projects

Technical assistance, research, and training projects funded in FY 2008 include:

• Space Requirements for Wheeled Mobility (phase 6) - This multi-year project will research and report on the space requirements, horizontal and vertical maneuvering parameters, reach ranges, and other key factors of occupied power wheelchairs and scooters in use in buildings, facilities, and transportation vehicles. The data collected is to be presented in a report that will facilitate comparison with provisions in current accessibility guidelines, with key published studies of mobility aid space and maneuvering requirements, and will enable consideration of several increments of accommodation for both power wheelchairs and scooter types.


• ADA and ABA Guidelines On-line Manual (phase 1) - This project will develop prototype solutions for an interactive online guidance tool on the ADA and ABA Accessibility Guidelines. In Phase I, researchers will develop recommendations for a model web-based system that will provide integrated visual and audible access to animations, video, and 3-D renderings of facilities and building elements. In Phase II (optional), a web-based guidance tool will be developed and implemented according to the recommendations established in Phase I. WGBH and the National Center for Accessible Media in Boston, MA is the contractor.
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• Transfer Study - The Human Engineering Research Laboratory (HERL) in Pittsburgh, PA will plan, administer, and conduct a literature review and produce a data collection tool of transfer issues for future study. Key issues where additional information is needed include: vertical transfer distance (up and/or down); horizontal transfer distance; multiple transfers; position of mobility device to element intended to transfer; and position of handholds or supports for use when transferring.


• Regulatory Assessment for Passenger Vessels - We have funded several task orders with passenger vessel designers and operators to assist us in preparing a regulatory assessment for a notice of proposed rulemaking.

Because of our expertise in accessibility issues, many government agencies and private organizations ask for our assistance in ensuring access at their facilities. For example, we worked closely with the design team on the new Equal Employment Opportunity Commission headquarters building and the newly opened Pentagon Memorial.

In FY 2008, the Board responded to 13,265 customer inquiries and distributed 1,090 information packets. An information packet usually contains several publications. Since we do not collect data on publications disseminated through partner organizations, the actual number of publications disseminated to our customers is greater than our current data indicate.

Accessibility Training

The Board routinely provides training on accessible design to various audiences at different conferences and events across the country. Training sessions are tailored to the particular interests and information needs of each audience. Most sessions are focused on the Board's facility guidelines and its standards for electronic and information technology. In FY 2008, the Board conducted 91 sessions that reached over 7,510 people. Much of our training focused on outreach to organizations with an interest in our existing or pending rulemaking. Some of these included:

• National ADA Symposium
• International Municipal Signal Association annual meeting
• Association of ADA Coordinators
• Pro Walk/Pro Bike
• Federal Aviation Administration
• Motorist Information Services Association
• International Code Council
• National Committee on Uniform Traffic Control Devices
• Professional Trail Builders

Comprehensive sessions on facility guidelines the Board updated in 2004 under the ADA and the Architectural Barriers Act (ABA) remained a centerpiece of our training program. The ADA and ABA Accessibility Guidelines are being used to update standards maintained by other agencies to enforce these laws. The Board partnered with government agencies, including the General Services Administration and the Federal Aviation Administration, to provide training on new ABA standards covering various types of Federal facilities. The Board offers a full-day program on the updated ADA and ABA guidelines.

FY 2009 Planned Activities - Leading Source of Information

Focus Issue

The Board's new focus issue on airport access will develop technical assistance documents for airport designers covering the unique features in airport terminals such as path of travel from parking spaces to boarding gates, configuration of jet bridges, number and size of accessible restrooms, communications access, self service kiosks, security screening, in-terminal transportation systems, and baggage claim accessibility. These issues will be included in the on-line technical assistance document on the ADA and ABA Accessibility Guidelines that is in the early stages of development. We will also continue to reach out to airport design and construction teams to provide technical assistance on airport new construction and alteration projects around the country.

Website

The Board is planning a web-based guide on the ADA and ABA Accessibility Guidelines. The goal of the project is to develop an online toolset that will enable users to learn the content of the guidelines in dynamic and innovative ways. As a first step in this effort, the Board funded a project with WGBH, a leader in educational and accessible media, to research solutions for a model web-based system. In addition, Board staff is conducting an in-house review to identify content for this guidance. The WGBH project will develop recommendations for a web-based learning tool that is tailored to the Board's instructional aims and the needs of its various audiences. These recommendations will be based on information collected through interviews with stakeholders, including design practitioners, educators, and others, and an environmental scan of online instructional tools and programs.

The WGBH project team completed these research tasks in January 2009. In January, Board staff initiated a chapter-by-chapter review of the ADA and ABA Accessibility Guidelines to outline content for the online guide. In this review, staff is identifying topics and issues to cover, including frequently asked questions, common sources of confusion and errors, the rationale behind provisions, best practices, and additional resources. Staff also will assess the most effective ways to convey each section of content among various types of media, including written narrative, design drawings and details, isometric and 3-dimensional renderings, animations, and video. The WGBH report and the results of the staff review will be used to plan the next steps in this undertaking.

Technical Assistance and Research Projects

The following research and technical assistance projects are planned for FY 2009:

• Space Requirements for Wheeled Mobility (final phase) - This multi-year project will research and report on the space requirements, horizontal and vertical maneuvering parameters, reach ranges, and other key factors of occupied power wheelchairs and scooters in use in buildings, facilities, and transportation vehicles. The data collected is to be presented in a report that will facilitate comparison with provisions in current accessibility guidelines, with key published studies of mobility aid space and maneuvering requirements, and will enable consideration of several increments of accommodation for both power wheelchairs and scooter types. The final phase will collect an additional 100 records and issue a final report.


• Transfer Study (phase 2) - The Human Engineering Research Laboratory (HERL) in Pittsburgh, PA will plan, administer, and conduct a literature review and produce a data collection tool of transfer issues for future study. Key issues where additional information is needed include: vertical transfer distance (up and/or down); horizontal transfer distance; multiple transfers; position of mobility device to element intended to transfer; and position of handholds or supports for use when transferring.


• Regulatory Assessment for Transportation Vehicles - We have funded a project with the Volpe National Transportation Systems Center to assist us in preparing a regulatory assessment for a notice of proposed rulemaking.

FY 2010 Objectives - Leading Source of Information

In FY 2010 and beyond, we will develop training and technical assistance materials on our planned final rules on information and communications technology, transportation vehicles, emergency transportable housing, outdoor developed areas, passenger vessels, and public rights-of-way. As we publish final rules, we make every effort to ensure that training and technical assistance materials are available to organizations and individuals that must apply the new requirements. The Board will continue its focus issue on airports and seek to improve its website including releasing the web-based guide on the ADA and ABA Accessibility Guidelines.

Data from the Access Board's website survey from January 2006 to October 2008 consistently showed that visitors to the website desire a more robust and responsive search engine by which to locate and access information. We plan to add staff and/or budgetary resources for products and contracted services to dramatically improve access to information available on our website by indexing all information placed on the site and redesigning our search and navigation tools. This should result in increased consumer satisfaction and increased functionality of the website to meet needs of both staff and public.

We also propose to improve the quality and timeliness of our outreach to ensure that stakeholders can fully benefit from and participate in all relevant Access Board products and activities. Outreach to stakeholders is currently achieved through our bi-monthly newsletter, Federal Register notices, regularly scheduled Board meetings, e-mails to specialized constituencies, and word of mouth. We propose using a more proactive approach to alerting our website users and newsletter mailing list of new information they might be interested in by contracting for Digital Subscription Management services which can target alerts to people who have asked to be notified about information alerts on certain topics.

The American Recovery and Reinvestment Act funded a wide array of projects and programs to jump start the economy and create jobs. The $787 billion measure provides funding for infrastructure, transportation, energy efficiency, education, health care, and aid to cities and states. It is important that accessibility for people with disabilities is integrated into stimulus projects as required by the ADA and other laws. The Access Board will be undertaking targeted outreach to remind our audiences that we are available to provide guidance on applying accessibility standards to Recovery Act projects so that accessibility is properly achieved.

ARCHITECTURAL BARRIERS ACT COMPLIANCE AND ENFORCEMENT

FY 2008 Results - ABA Compliance
FY 2008 Results - Working in Partnership with Agencies
FY 2009 Plans - ABA Compliance
FY 2009 Plans - Working in Partnership with Agencies
FY 2010 Objectives - ABA Compliance
FY 2010 Objectives - Working in Partnership with Agencies

The Board enforces the Architectural Barriers Act (ABA), which requires that most buildings designed, constructed, altered, or leased by the Federal government and certain other federally financed facilities be accessible to people with disabilities. Complaints received by the Board concern post offices, national parks, military facilities, veterans hospitals, courthouses, and a variety of other facilities. When the Board has jurisdiction and finds that the applicable accessibility standards were not followed, we request a corrective action plan and monitor the case until the barrier is removed. Even when the Board does not have jurisdiction or no violation is found, we attempt to negotiate voluntary barrier removal.

In addition to enforcement, the Board works with Federal agencies and others to ensure compliance with the Architectural Barriers Act and make the Federal government a model of accessibility. Our experience with resolving complaints is that most violations are not intentional. When violations are found, it is usually because the people responsible for designing buildings, reviewing plans, and on-site construction did not have a good understanding of the accessibility standards and how to apply them. People responsible for building planning and design at headquarters, regional and field offices, and local sites must have a working knowledge of the accessibility standards if compliance is to be achieved. As Federal agencies are reorganized and personnel assignments and responsibilities change, it is important that agencies have effective systems for training new people responsible for applying the accessibility standards and for monitoring compliance with the Architectural Barriers Act. Training has become even more important now that new accessibility standards for the Architectural Barriers Act are being implemented by the standard-setting agencies.

FY 2008 Results - ABA Compliance

In FY 2008, the Board received 210 written complaints. These included complaints investigated under the Architectural Barriers Act, and also those concerning facilities not covered by that law but potentially covered by other laws, such as the Americans with Disabilities Act and the Rehabilitation Act. Of the 210 complaints, we opened 53 as new Architectural Barriers Act cases. Although the Board did not have authority under the Architectural Barriers Act in the other 157 complaints, we responded to the complainants, usually by referring them to the appropriate enforcement agency. In addition, we referred another 15 complainants to other agencies for action when our investigations revealed there was no violation of the Architectural Barriers Act or we did not have jurisdiction.

The Board responds quickly to all new complaints. In FY 2008, the Board sent initial letters to complainants acknowledging receipt of their complaint or began an investigation of the issues they raised within an average of five days. It is Board practice to keep complainants informed on a regular basis throughout the course of our investigations. Upon completing investigations, we always give complainants an opportunity to comment on determinations we have made and actions that have been taken before closing complaints.

FY 2008 Results - Working in Partnership with Agencies

In FY 2008, we worked with the U.S. Postal Service and agencies covered by General Services Administration's accessibility standards to ensure that new construction, alterations, and leases are in compliance with the new requirements. We continued ongoing work with the Department of Defense on its policy to implement its accessibility standards based on the Board's Architectural Barriers Act Accessibility Guidelines.

FY 2009 Plans - ABA Compliance

In FY 2009, the Board will continue to investigate complaints under the Architectural Barriers Act. We anticipate responding to complaints in an average of five or fewer business days and will continue to provide periodic updates to complainants on the status of their complaints. At the beginning of FY 2009, the Board had 97 active cases. Based on previous experience, we expect to receive 197 new complaints in FY 2009. Of this total, we estimate that 52 will be opened as new Architectural Barriers Act cases and 143 will be referred to other agencies for enforcement under other laws, such as the Americans with Disabilities Act and the Rehabilitation Act.

We are developing performance measures for the Board's Compliance and Enforcement program. We chose this program because it is the Board's oldest program, which directly supports the agency's mission and goals, it has a tangible impact on improving accessibility of the built environment, and it is implemented through a clearly established process, with clearly defined stages, where the initiation and completion of necessary actions, time taken for each stage, and associated impacts and outcomes can be tracked and measured. Standardized, periodic reporting against refined, objective program metrics will allow us to set annual benchmarks and targets for performance improvement. We plan to collect and report data on the following four performance goals addressing program outcome, timeliness, customer satisfaction, and cost effectiveness. The performance goals are:

• Correct all identified ABA violations
• Handle complaints in a timely way
• Achieve and maintain customer satisfaction with compliance program
• Hold down increases in overall program cost

We already collect information related to the first two goals in a Complaint Tracking System (CTS). Budgetary information on compliance staff is readily available. Customer satisfaction data can be obtained through surveying both complainants and our contacts at the Federal agencies with whom we work (we would need to follow the requirements of the Paperwork Reduction Act and Office of Management and Budget implementing guidance). We will start annual reporting against program outcome and timeliness measures that are currently supported by CTS, develop the survey instrument and protocol for complainants, follow OMB clearance requirements, and develop the survey instrument and protocol for agency contacts. We will report annually on the program performance goals, performance targets, and data showing actual performance.

FY 2009 Plans - Working in Partnership with Agencies

In early FY 2009 the Department of Defense adopted new accessibility standards under the Architectural Barriers Act. We will be working with Department of Defense agencies to familiarize them with the new standards and ensure that covered facilities are in compliance with requirements in the new standards.

FY 2010 Objectives - ABA Compliance

In FY 2010, the Board will continue to investigate complaints under the Architectural Barriers Act. Based on FY 2009 data, we estimate that we will have 114 active cases at the beginning of FY 2010 and will receive 197 new complaints. We expect to open 52 new Architectural Barriers Act cases and refer 143 complaints to other agencies for enforcement under other laws. We will continue to provide good customer service.

FY 2010 Objectives - Working in Partnership with Agencies

We will continue working with the U.S. Postal Service and agencies covered by the General Services Administration's accessibility standards and the newly adopted Department of Defense accessibility standards to ensure that new construction, alterations, and leases are in compliance with the requirements. HUD is continuing development of its new standards under the Architectural Barriers Act.

APPENDIX A: ACCESS BOARD BUDGETS/ COST DISCUSSION

ACCESS BOARD BUDGETS

COST DISCUSSION

Fiscal Year 2010

Public Law 111-8 provided the Board with $6,550,000 in spending authority for Fiscal Year 2009. The Board is requesting a total budget authority in FY 2010 of $7,000,000.

Salary

FY 2009 $3,442,500
FY 2010 $3,587,000

We anticipate the Board will use 27.5 FTE in FY 2009 and 29.5 FTE in 2010, and need about a 6.1% increase in total salaries and benefits. We will fill the vacancy created when the Director of Technical and Information Services was promoted to the Executive Director position and we will add additional staff capabilities to augment our internet presence.

We are planning on 5 days per public (Presidentially appointed) Board member for each of the 5 regular Board meetings and one out-of-town meeting. In addition we have included funds for the following:

• Salaries for 6 additional site visits or information meetings where a few public Board members travel to a location to examine specific accessibility issues and creative solutions.
  
• The Help America Vote Act gives the Board positions on two committees within the Election Assistance Commission. Based on experience, we have estimated that we are planning to pay the salaries of 2 public Board members to attend 7 meetings lasting 2 days each.

Personnel Benefits

FY 2009 $ 791,000
FY 2010 $ 907,300

We have calculated benefits based on our experience with the benefit packages employees have chosen in the past. Benefits for public Board members include only the Social Security allotment from the employer.

Travel

FY 2009 $ 350,000
FY 2010 $ 361,700

The largest portion of our travel budget, $285,600, is devoted to the cost of travel for 13 public Board members.

Rent

FY 2009 $ 375,000
FY 2010 $ 413,000

We rent 7,000 square feet of commercial office space. Our estimated rent cost is set by the General Services Administration.

Postage

FY 2009 $ 42,000
FY 2010 $ 42,800

Our largest expenditure in this category is for the postage for the publications we send out to our customers. This includes postage for distributing copies of newly published rules. We also spend $5,000 for an in-town delivery service and $5,000 for the rental of two postage meters.

Phones

FY 2009 $ 25,000
FY 2010 $ 25,000

We are planning $16,000 for our toll-free lines and $9,000 for our local calls.

Printing

Federal Register

FY 2009 $ 35,000
FY 2010 $ 50,000

Publishing proposed and final rules in the Federal Register is a relatively high cost for the Board. Printing in the Federal Register costs $450 per page, and our rules can be 150 pages long. We plan to publish 6 rules in FY 2010. Rules are reviewed by OMB in accordance with Executive Order 12866 before publication in the Federal Register. Due to this external review process, it is not always possible to know whether rules completed in the later part of a fiscal year will be published in the same fiscal year.

Code of Federal Regulations

FY 2009 $ 16,000
FY 2010 $ 16,000

Our final rules are printed in the Code of Federal Regulations and we are charged for these costs.

Publications and Newsletters

FY 2009 $ 60,000
FY 2010 $ 34,000

Providing customers copies of our accessibility guidelines, general publications, and newsletters is one of our most important activities but it can be decreased by relying more on electronic distribution.

Research and Technical Assistance

FY 2009 $ 400,000
FY 2010 $ 400,000

Contracting for research to assist in our guideline development and to provide technical assistance materials is crucial to the Board's mission.

Facilitator/Contractor

FY 2009 $ 100,000
FY 2010 $ 100,000

We use contractors to assist the Board in benchmarking performance measures and in other management activities.
In 2006, the Board installed a customer satisfaction survey instrument on its website. On a random basis, the survey asked users' opinions of such issues as the ease of finding information on our website, the usefulness of the information, and the purposes the user is seeking the information. In FY 2007 and 2008 we collected and analyzed the data and benchmarked performance measures against those in the private sector and in other agencies to determine what changes to make to our website. Data consistently showed that visitors to the website desire a more robust and responsive search engine by which to locate and access information. We have targeted that part of our website for improvement.

We anticipate spending funds for a records management system, additional contractor support for the regulatory assessments of our proposed and final rules, and for the costs associated with our participation in the managed services agreement with GSA for compliant Federal Personal Identity Verifications under HSPD-12.

Bureau of Public Debt

FY 2009 $ 410,000
FY 2010 $ 444,300

The Board contracts with the Bureau of Public Debt in the Department of the Treasury to provide procurement, financial, payroll, and personnel services. We have added the management of our employee and contractor background investigations to comply with HSPD-12.

Staff Training

FY 2009 $ 8,000
FY 2010 $ 8,000

Our staff training budget has been devoted to our employee improvement efforts, such as courses in human resources, management, and alternative dispute resolution.

Mailing Services

FY 2009 $ 7,500
FY 2010 $ 7,100

We contract with a Javits-Wagner-O'Day Act vendor to mail our bimonthly newsletter Access Currents. Since all of our publications are now available on our web site, we have been able to bring the packaging and mailing of the small number of print publications in house. We typically mail out only 4 packages of information a day.

Court Reporter

FY 2009 $ 30,000
FY 2010 $ 30,500

We contract with a certified court reporter to provide transcripts of all Board and most advisory committee meetings. This cost is to provide real time transcription as a job accommodation for a Board member.

Interpreter Services

FY 2009 $ 30,000
FY 2010 $ 30,500

We provide sign language interpreters at all Board and most advisory committee meetings. The services are provided through a contract and the cost is approximately $750 per day.

Federal Express

FY 2009 $ 11,000
FY 2010 $ 11,200

We use Federal Express to send meeting materials to Board members.

Equipment Maintenance

FY 2009 $ 7,000
FY 2010 $ 7,100

We purchase maintenance contracts for our office entry and security system and a copier.

Drug Testing

FY 2009 $ 1,000
FY 2010 $ 1,100

We contract with the Department of the Interior to provide services for the mandatory drug testing program.

Miscellaneous

FY 2009 $ 10,000
FY 2010 $ 10,000

Typical expenditures in this category are: employee health services; a reader to provide audio tapes as alternate format publications; and attendant services as a reasonable job accommodation when an employee travels.

Desktop Management

FY 2009 $ 340,000
FY 2010 $ 460,000

This is the yearly cost of the desktop seat management program. All of the Board's desktop computing needs - the desktop computers, local area network server, software, printers, maintenance and support services to our staff, including website hosting and internet service provider functions are provided under the program by the vendor. As part of the contract, the company also supplies and supports assistive technology used by several employees. The Board receives new computers every three years and our software is updated on a continuous basis. The Board also has its telephone system provided under the seat management program. The contractor supplies the Board with desktop phone sets and a telephone system switch. The digital telephone system is tied closely to the Board's desktop computer system. The FY 2009 cost reflects adding increased security to comply with the Federal Information Security Management Act (FISMA) requirements. In January 2010, the Access Board will be completing the term of a 10-year contract for computers, telephones, software, information technology (IT) security, and hosting of our web site. The Access Board intends to bring all IT equipment and services in-house, rather than issuing a new contract, which we have concluded is not cost effective. This change will require an initial up-front investment for the replacement of all IT equipment, which currently is owned by the IT vendor.

Audit

FY 2009 $ 24,000
FY 2010 $ 24,500

Consistent with the requirements of the Tax Payer Accountability Act, the Board began having a certified audit of its finances done. The Board has always received an unqualified audit of its financial processes and records.

Books

FY 2009 $ 5,000
FY 2010 $ 4,000

Our library is an important collection of accessible design materials. Our collection is maintained in a database so the information is easily accessed. It is used extensively by our staff in developing guidelines and by many architects, engineers, and building code officials.

Office Supplies

FY 2009 $ 25,000
FY 2010 $ 20,000

We use about $20,000 to $30,000 worth of office supplies each year.

Equipment

FY 2009 $ 5,000
FY 2010 $ 5,000

We plan a minimum of equipment purchases.

APPENDIX B: STATUS OF ACCESS BOARD RULEMAKING EFFORTS AND COOPERATIVE EFFORTS

Status of Current Access Board Rulemaking Efforts
Completed Access Board Rulemakings
Cooperative Efforts in Codes and Standards Development

 

STATUS OF CURRENT ACCESS BOARD RULEMAKING EFFORTS
April 2009

Outdoor Developed Areas. The Board created a 26-member Outdoor Developed Areas Regulatory Negotiation Committee to achieve a consensus approach and requirements for making outdoor developed areas accessible. The Committee presented its report to the Board in September 1999. In October 2001 the Board sponsored an information meeting on the final report on Accessibility Guidelines for Outdoor Developed Areas. The meeting was attended by about 50 individuals and was held in Denver, CO during the annual meeting of the National Recreation and Park Association. The meeting was informal and provided an opportunity for a dialogue with Board members about the report.

A Notice of Proposed Rulemaking for Federal facilities covered by the Architectural Barriers Act was published in June 2007. The proposed guidelines were available for public comment until October 18. The Board held three public hearings on the proposed guidelines in Denver, CO; Washington, DC; and Indianapolis, IN (in conjunction with the National Recreation and Park Association's annual congress). Approximately 140 comments were received on the proposed rule. Proposed guidelines for non-Federal sites will be published for comment at a future date.

• notice of intent to establish regulatory negotiation committee - April 18, 1997
• notice establishing regulatory negotiation committee - June 4, 1997
• full committee meetings: June 26-27, 1997; September 24-26, 1997; December 14-16, 1997; January 31-February 2, 1998; May 18-21, 1998; August 11-14, 1998; October 21-24, 1998; January 19 22, 1999; April 27-30, 1999; July 15-16, 1999
• committee presented report to the Board - September 15, 1999
• information meeting - October 4, 2001
• notice of proposed rulemaking - June 20, 2007

Passenger Vessels. This rulemaking will address access to ferries, cruise ships, excursion boats, and other vessels. In 1994, the Access Board and the Department of Transportation funded a research project to assess the feasibility and impact of providing access to a variety of vessels. This project was completed in July 1996 and provided valuable information for rulemaking. The Board and DOT also held an information meeting with organizations representing people with disabilities and the marine industry to determine the scope and complexity of the rulemaking.

In August 1998, the Board created a 22-member Passenger Vessel Access Advisory Committee to provide recommendations for a proposed rule addressing accessibility guidelines for newly constructed and altered passenger vessels covered by the Americans with Disabilities Act. The committee presented its report with its recommendations to the Board in November 2000.

The Board held public meetings in New Orleans (August 2003) and Seattle (September 2003) to gather information and input on viable access solutions that will allow persons with disabilities independent access onto and off of large vessels such as cruise ships, dinner boats, ferries, and gaming boats. Over 150 vessel designers and operators, pier operators, persons with disabilities, and others attended the meetings. In advance of the meetings, the Board toured vessels and boarding facilities at area ports. In November 2004, the Board published for public comment an advance notice of proposed rulemaking (ANPRM) on access to and in smaller passenger vessels and a notice of availability (NOA) releasing draft guidelines on access to and in larger passenger vessels.

In July 2006, the Board made available for public comment revised draft accessibility guidelines for passenger vessels, which are permitted to carry more than 150 passengers or more than 49 overnight passengers. The revised draft guidelines will also apply to all ferries and certain tenders which carry 60 or more passengers. We received approximately 175 comments on the draft guidelines.

Passenger vessel operators, individuals with disabilities, and organizations representing the various interest groups commented that a provision in the draft guidelines, which required emergency alarm systems to comply with “principles of best practice”, was vague and requested additional guidance. The Board agreed that additional guidance would be helpful and in August 2007 created a Passenger Vessel Emergency Alarms Advisory Committee to assist in this matter. The committee's membership includes representatives from disability organizations, the vessel and cruise ship industry and trade groups, and the National Fire Protection Association, among others. The committee presented its report with its recommendations to the Board in October 2008.

• information meeting - April 15, 1996
• notice of intent to establish advisory committee - March 30, 1998
• notice establishing advisory committee - August 12, 1998
• full committee meetings: September 24-25, 1998; November 18-21, 1998; February 4-6, 1999; April 21-23, 1999; July 21-23, 1999; October 20-22, 1999; February 9-11, 2000; April 26-28, 2000; September 19 - 22, 2000
• committee presented recommendations to the Board - November 17, 2000
• information meetings - August 20, 2003; September 9, 2003
• notice of availability of draft guidelines and advance notice of proposed rulemaking - November 26, 2004
• revised draft guidelines for large vessels, ferries, and tenders - July 7, 2006
• notice of intent to establish advisory committee - June 25, 2007
• notice establishing advisory committee - August 13, 2007
• full committee meetings: September 19-20, 2007; November 28-29, 2007; February 12-13, 2008; August 12-13, 2008
• committee presented recommendations to the Board - October 14, 2008

Public Rights-of-Way. The Access Board decided to reinitiate rulemaking on accessible pedestrian facilities by convening a Federal advisory committee to develop recommendations for guidelines for public rights-of-way. When the Board issued final rules for State and local governments in 1998, it decided to reserve provisions for public rights-of-way, due in large measure to the concerns of the transportation community expressed in comment to the Board on proposed and interim final rules for entities covered by title II of the ADA. Rather than finalizing the guidelines for public rights-of-way, the Board embarked upon an ambitious outreach plan to the highway industry. We produced a videotape, an accessibility checklist, and a design guide on accessible public rights-of-way.

In October 1999, the Board created a 31-member Public Rights-of-Way Access Advisory Committee to assist it in developing an NPRM for public rights-of-way access requirements. Representatives of a wide range of stakeholders, including transportation industry organizations and disability and pedestrian advocates developed recommendations for scoping and technical provisions addressing access to sidewalks, street crossings, and related pedestrian facilities. The committee presented its report with its recommendations to the Board in January 2001.

In June 2002, the Board released for public comment draft guidelines on accessible public rights-of-way. The draft guidelines were made available for public review and comment prior to issuing a notice of proposed rulemaking. A public meeting on the draft guidelines was held in Portland, OR, in October 2002.

In November 2005, the Board revised the draft guidelines based on public comments on the initial draft and released them as a notice of availability. This action was done to assist the Board in preparing a regulatory assessment of the impacts of the rule on State and local governments.

• notice of proposed rulemaking - December 21, 1992
• interim final rule - June 20, 1994
• final rule - January 13, 1998 (public rights-of-way not included in the final rule)
• notice of intent to establish advisory committee - August 12, 1999
• notice establishing advisory committee - October 20, 1999
• full committee meetings: December 2-3, 1999; February 9-11, 2000; May 18-19, 2000; August 16-18, 2000; October 18-20, 2000
• committee presented recommendations to the Board - January 10, 2001
• draft guidelines - June 17, 2002
• public hearing - October 8, 2002
• notice of availability of second set of draft guidelines - November 23, 2005

Emergency Transportable Housing. A new Board advisory committee on emergency transportable housing was created to provide recommendations on supplementing our guidelines to specifically cover emergency transportable housing. Access to such housing proved problematic in the after-math of Hurricane Katrina and, after verifying and examining the issues involved, the Board has determined that supplementary guidelines may be needed. The committee included representation from disability groups, industry and code groups, and government agencies. The committee presented its report with its recommendations to the Board in November 2008.

• notice of intent to establish advisory committee - June 25, 2007
• notice establishing advisory committee - August 23, 2007
• full committee meetings: September 24-25, 2007; November 19-20, 2007; January 24-25, 2008; February 14, 2008; March 27-28, 2008; July 9, 2008; July 24, 2008; August 21, 2008
• committee presented recommendations to the Board - November 18, 2008

ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles. In April 2007, the Board released for public comment a preliminary draft of revisions updating its accessibility guidelines for buses and vans covered by the Americans with Disabilities Act. In response, vehicle manufacturers, transit operators, trade associations, consumers, disability groups, and others provided feedback on the draft changes. The Board received approximately 90 comments. The Board used this input to refine the draft and published a second draft in November 2008 for additional comment. Thirty-three comments were received on this second draft. The latest draft includes revisions to bring the guidelines, which were first published in 1991, up-to-date. Changes include the addition of provisions for new or variant forms of service, such as bus rapid transit. The Board will also issue draft updates at a later date for other sections of the vehicles guidelines, which, in addition to buses and vans, cover rail cars, trams, and other modes of transportation.

• draft guidelines for buses and vans - April 11, 2007
• second draft of guidelines for buses and vans - November 19, 2008

Information Communications Technology. In July 2006, the Board created an advisory committee to update and revise the Section 508 standards and the Telecommunications Act Accessibility Guidelines. Forty-one organizations served on the Telecommunications and Electronic and Information Technology Advisory Committee. The committee's membership included representatives from industry, disability groups, standard-setting bodies in the U.S. and abroad, and government agencies, among others. The committee completed its work and presented its report to the Board in April 2008.

• notice of intent to establish advisory committee - April 18, 2006
• notice establishing advisory committee - July 6, 2006
• full committee meetings: September 27-29, 2006; November 7-8, 2006; February 6-8, 2007; May 22-24, 2007; July 16-18, 2007; September 4-6, 2007; November 13-16, 2007
• committee presented recommendations to the Board - April 3, 2008

Access Board Current Rulemakings Next Action

Outdoor Developed Areas
Information Meeting: 10/04/01
regulatory negotiation: 06/26/97 - 07/16/99
NPRM: 06/20/07
Next Action: Final Rule

Passenger Vessels
Information Meeting: 04/15/96, 08/20/03, 09/09/03
Advisory Committee: 09/24/98 - 09/22/00, 08/13/07 - 10/14/08
NPRM: (11/26/04), (07/07/06)
Next Action: NPRM

Public Rights-of-Way
Public Hearing: 10/08/02
Advisory Committee: 12/02/99 - 10/20/00
NPRM: (06/17/02), (11/23/05)
Next Action: NPRM

Emergency Transportable Housing
Advisory Committee: 08/23/07 - 08/21/08
Next Action: NPRM

Transportation Vehicles Guidelines Update
NPRM: (04/11/07), (11/19/08)
Next Action: NPRM

Information Communications Technology
Advisory Committee: 07/06/06 - 04/03/08
Next Action: NPRM

revised May 15, 2009
The first date for Advisory Committee meetings and Regulatory Negotiation meetings reflects the first meeting; the second date reflects the last meeting.
Dates in parentheses indicate the release of a draft rule.

COMPLETED ACCESS BOARD RULEMAKINGS
April 2009

ADAAG Revision and Architectural Barriers Act Accessibility Guidelines. This rulemaking makes revisions to the Americans with Disabilities Act Accessibility Guidelines (ADAAG), updates the Minimum Guidelines and Requirements for Accessible Design (MGRAD) for Federal facilities covered by the Architectural Barriers Act (ABA), and creates new guidelines for accessible housing.

The rulemaking consists of separate scoping and application sections for each law and one set of technical requirements for both the ADA and the ABA. The ADA scoping section is based on recommendations of the Board's ADAAG Review Advisory Committee and covers private facilities (places of public accommodation and commercial facilities) and state and local government facilities. The other scoping section addresses federally funded facilities covered by the ABA. New scoping and technical provisions for accessible housing are included in this rule and are based on requirements for “Type A” dwelling units contained in the 1998 edition of the ICC/ANSI A117.1 standard, “Accessible and Usable Buildings and Facilities.”

The Board established a 22-member ADAAG Review Advisory Committee to review and make recommendations for updating ADAAG to ensure that it remains consistent with technological developments and changes in model codes and national standards and continues to meet the needs of people with disabilities. The committee developed a comprehensive set of recommendations for changes to sections 1-10 of ADAAG. The recommendations address the format of the guidelines, its numbering system, and changes to the scoping provisions and technical requirements. Cited as an outstanding example of reinventing government, the committee and the Board received the Vice Presidential Hammer Award in July 1996.

The Board issued a proposed rule in November 1999. The comment period closed on May 15, 2000. Over 2,500 comments were received on the proposed rule. The Board held two public hearings on the proposed rule. One hearing was held in Los Angeles, CA on January 31, 2000; the second hearing was held in Arlington, VA on March 13, 2000. The Board also held informational meetings in Washington, DC in October 2000 to hear from industry associations and disability groups on issues regarding automated teller machines, reach ranges, and captioning equipment for movie theaters. The Board required further information on these issues before deciding on how they will be addressed in the final rule. On April 2, 2002, the Board placed in the docket for public review a draft of the final guidelines to promote the harmonization of the Board's guidelines with the International Code Council (ICC)/American National Standards Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings and Facilities and the International Building Code. The ANSI Committee and the ICC are currently in the process of revising the private sector accessibility provisions. Without taking this step, an important opportunity would have been missed to harmonize the Board's guidelines with those of the private sector.

• notice of intent to establish advisory committee - April 6, 1994
• notice establishing advisory committee - September 14, 1994
• full committee meetings: October 24-25, 1994; January 26-27, 1995; April 26-29, 1995; February 26 - March 1, 1996; July 7-9, 1996; August 26-28, 1996 (numerous subcommittee meetings were also held)
• committee presented recommendations to the Board - July 10, 1996
• notice of proposed rulemaking - November 16, 1999
• public hearing - January 31, 2000; March 13, 2000
• information meeting - October 24-25, 2000
• draft final rule - April 2, 2002
• final rule - July 23, 2004
• U.S. Postal Service adopted guidelines - May 8, 2005
• General Services Administration adopted guidelines - November 8, 2005
• Department of Transportation adopted guidelines - October 30, 2006
• Department of Defense adopted guidelines - October 31, 2008

ADAAG for Buildings and Facilities (Sections 1-9). ADAAG initially consisted of nine sections. Sections 1 through 4 contain general sections, scoping provisions, and technical specifications applicable to all types of buildings and facilities. The scoping provisions specify which and how many elements and spaces of a building or facility must be accessible (e.g., parking spaces, entrances, toilet rooms). The technical specifications describe how to design the elements and spaces covered by the scoping provisions so that they are accessible to and usable by individuals with disabilities. Sections 5 through 9 contain additional scoping provisions and technical specifications for the following facilities: restaurants and cafeterias (section 5); medical care facilities (section 6); mercantile establishments (section 7); libraries (section 8); and hotels, motels, and transient lodging (section 9). The Department of Justice adopted ADAAG sections 1 through 9 on July 26, 1991 as the standard for accessible design in its regulations for title III of the ADA.

• advance notice of proposed rulemaking - August 31, 1990
• public hearings - February 11, 1991 through March 7, 1991
• notice of proposed rulemaking - January 22, 1991
• final rule - July 26, 1991
• Department of Justice adopted guidelines - July 26, 1991
• Department of Transportation adopted guidelines - September 6, 1991

ADAAG for Transportation Facilities (Section 10). This rulemaking added section 10 to ADAAG which contains additional scoping provisions and technical specifications for transportation facilities.

• supplemental notice of proposed rulemaking - March 20, 1991
• final rule - September 6, 1991
• Department of Transportation adopted guidelines - September 6, 1991
• Department of Justice adopted guidelines - January 18, 1994

State and Local Government Facilities (Sections 11-12). This rulemaking added two special application sections to ADAAG for certain State and local government facilities covered by title II of the ADA. The two sections are 11 -- Judicial, Legislative, and Regulatory Facilities, and 12 -- Detention and Correctional Facilities. The rule also covers miscellaneous provisions that apply to State and local government facilities.

The Board published a notice of proposed rulemaking and conducted five public hearings on the proposed rule. Following an analysis of the comments, the Board published an interim final rule asking for additional comments. Provisions regarding accessible residential housing and public rights-of-way were proposed as part of the NPRM and the interim final rule. However, no action was taken on either of these subjects in the final rule. Provisions for accessible residential housing were proposed as part of the Board's ADAAG Revision and ABA Accessibility Guidelines rulemaking. The Board convened a Federal advisory committee to develop recommendations on access to public rights-of-way. The Board published the final rule on January 13, 1998.

• notice of proposed rulemaking - December 21, 1992
• public hearings - February 22, 1993 (two hearings); March 2, 1993; March 9, 1993; March 15, 1993
• interim final rule - June 20, 1994
• final rule - January 13, 1998 (not adopted by the Department of Justice as enforceable standards yet)

Automated Teller Machines. In response to a petition for rulemaking, on July 15, 1993, the Board issued a joint final rule with the Department of Transportation amending the reach range requirements for accessible automated teller machines and fare vending machines. The Department of Justice adopted the amended requirements on January 18, 1994.

• notice requesting public comment on petition for rulemaking - May 6, 1992
• public hearing - May 28, 1992
• notice of proposed rulemaking - September 8, 1992
• final rule - July 15, 1993
• Department of Transportation adopted guidelines - July 15, 1993
• Department of Justice adopted guidelines - January 18, 1994

Children's Elements. This rulemaking added provisions to ADAAG for building elements designed for children's use. The Board published an advance notice of proposed rulemaking in February 1993 seeking comment on general issues, such as the scope of the guidelines and the ages or grades that should be covered. Following an analysis of the comments, the Board published a notice of proposed rulemaking in July 1996. The Board published the final rule on January 13, 1998.

• advance notice of proposed rulemaking - February 3, 1993
• notice of proposed rulemaking - July 22, 1996
• final rule - January 13, 1998 (not adopted by the Department of Justice as enforceable standards yet)

Play Areas. The Board convened a 27-member advisory committee to make recommendations on issues related to making various recreation areas accessible. The committee met from July 1993 - May 1994. Some issues remained where consensus was needed for play areas including the extent to which an accessible surface is provided in an exterior play area and what the specific requirements for accessible play equipment should be.

The Board created a 17-member Play Areas Regulatory Negotiation Committee to achieve consensus requirements for access to play areas. The committee presented its consensus report to the Board in July 1997. At the same meeting, the Board approved an NPRM on access to play areas. The Board published the NPRM in April 1998 and held one public hearing in Denver, CO to receive additional feedback during the comment period. The final rule was published on October 18, 2000. On November 20, 2000 the Board published an amended advisory note to the accessibility guidelines for play areas in the Federal Register. The amended advisory note clarifies that play components that are attached to a composite play structure and can be approached from a platform or deck are elevated play components. These play components are not considered ground level play components also, and do not count toward meeting the number of ground level play components that must be located on an accessible route.

• notice of intent to establish regulatory negotiation committee - December 22, 1995
• notice establishing regulatory negotiation committee - February 14, 1996
• full committee meetings: March 5-7, 1996; May 8-10, 1996; August 4-6, 1996; October 26-28; January 6-9, 1997; April 2-4, 1997; July 8-9, 1997
• committee presented report to the Board - July 9, 1997
• notice of proposed rulemaking - April 30, 1998
• public hearing - June 3, 1998
• final rule - October 18, 2000 (not adopted by the Department of Justice as the enforceable standard yet)
• amended advisory note - November 20, 2000

Recreation Facilities. This rulemaking addresses recreation facilities including sports facilities, places of amusement, golf, and boating and fishing facilities. The Board convened a 27-member advisory committee to make recommendations on issues related to making these areas accessible. The committee met from July 1993 - May 1994. After receiving the committee's report, the Board published it as an advance notice of proposed rulemaking (ANPRM). Over 600 comments were received on the report and questions asked in the ANPRM. The Board also sponsored an information meeting on access to miniature golf facilities in September 1996 to obtain additional information on some issues related to access to miniature golf courses.

The Board published an NPRM for sports facilities, places of amusement, golf, and boating and fishing facilities in July 1999 and held two public hearings to receive feedback during the comment period. The NPRM was based on the recommendations of the advisory committee and public comments received in response to the ANPRM and information meeting. The comment period closed on December 8, 1999. Over 300 comments were received on the proposed rule. The Board also sponsored an information meeting on access to amusement rides in December 1999 to clarify concerns raised by the amusement industry during the public comment period.

In an effort to provide the public with more opportunities for input into the provisions for a final rule, in July 2000, the Board placed in the docket for review and comment a summary of recommendations made by an ad hoc committee of the Access Board for the final recreation facilities guidelines. The summary reflected the ad hoc committee's consideration of comments on the proposed rule and information gathered at meetings sponsored by the committee. The Board held two informational meetings in Washington, DC and San Francisco, CA to discuss the summary. On September 3, 2002, the Board issued a final rule.

• notice of intent to establish advisory committee - February 3, 1993
  
• notice establishing advisory committee - June 10, 1993
• full committee meetings: July 15-16, 1993; October 23-25, 1993; January 28-30, 1994; March 18-20, 1994; May 20-22, 1994 (numerous
• subcommittee meetings were also held)
• committee presented recommendations to the Board - July 13, 1994
• advance notice of proposed rulemaking - September 21, 1994
• information meeting on miniature golf facilities - September 16, 1996
• notice of proposed rulemaking - July 9, 1999
• information meeting on amusement rides - December 1, 1999
• public hearing - August 26, 1999, November 17, 1999
• notice of draft final guidelines summary and informational meetings - July 21, 2000
• information meetings - August 21-22, 2000; September 6-7, 2000
• final rule - September 3, 2002 (not adopted by the Department of Justice as the enforceable standard yet)

Detectable Warnings Temporary Suspension. In response to a petition for rulemaking, in 1994 the Board, DOJ and DOT suspended temporarily until July 26, 1996, the requirements for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools so that a research project on this subject could be considered in determining whether any changes in the requirements are warranted. The research showed that intersections are complex environments and that blind and visually impaired travelers use a combination of cues to detect and cross intersections. Although detectable warnings helped these individuals locate and identify curb ramps and provided a useful cue, the research suggested that detectable warnings may be redundant at most intersections. Other technologies may be as effective and less costly.

In March and April 1995, the Board received petitions from two transit agencies and an organization of blind persons to review the requirements for detectable warnings at transit platform edges. The Board's ADAAG Review Advisory Committee also considered the requirements for detectable warnings within the context of the committee's complete review of ADAAG provisions. The committee recommended that the requirements for detectable warnings at curb ramps, hazardous vehicular areas and reflecting pools that are currently suspended be eliminated. The committee recommended requiring detectable warnings at platform edges in transit stations, and allowing an “equivalent tactile surface,” and “equivalent detectability.” Since any amendment to the detectable warning requirements will be done as part of the scheduled review and update of ADAAG, in July 1996, the Board, DOJ and DOT published a final rule to extend the temporary suspension until July 26, 1998 to allow the ADAAG revision process to be completed. Because the ADAAG revision rulemaking was not completed by July 1998, the temporary suspension was continued until July 26, 2001.

• proposed rule to temporarily suspend the requirements - July 9, 1993
  
• final rule to temporarily suspend the requirements - April 12, 1994
  
• proposed rule to extend the temporary suspension - April 12, 1996
  
• final rule to extend the temporary suspension - July 29, 1996
  
• proposed rule to extend the temporary suspension - June 1, 1998
  
• final rule to extend the temporary suspension - November 23, 1998

ADAAG for Transportation Vehicles. A separate ADAAG was issued for transportation vehicles which covers the following vehicles and systems: buses and vans, rapid rail vehicles, light rail vehicles, commuter rail cars, intercity rail cars, over-the-road buses, automated guideway transit vehicles, high-speed rail cars, monorails, and trams and similar vehicles. The Department of Transportation adopted ADAAG for transportation vehicles on September 6, 1991 as the standard for accessible design in its ADA regulations.

• notice of proposed rulemaking - March 20, 1991
  
• final rule - September 6, 1991
  
• Department of Transportation adopted guidelines - September 6, 1991

Over-the-Road Buses. The ADA requires the Board and the Department of Transportation (DOT) to issue guidelines and regulations for access to over-the-road buses. The Board and DOT co-sponsored an information meeting on over-the-road bus issues and in March 1998, the Board published an NPRM to amend the technical provisions for over-the-road buses to include provisions for wheelchair access and other miscellaneous provisions. The Department of Transportation also published an NPRM on accessible over-the-road bus service. After reviewing the comments received in response to the NPRM, the Board issued final guidelines which include technical provisions for lifts, ramps, wheelchair securement devices, moveable aisle armrests, and revisions to specifications for doors and lighting. The Department of Transportation adopted the Board's guidelines on September 28, 1998 as the standard for accessible design in its ADA regulations.

• information meeting - October 21, 1993
  
• notice of proposed rulemaking - March 25, 1998
  
• final rule - September 28, 1998
  
• Department of Transportation adopted guidelines - September 28, 1998

Telecommunications Equipment. The Telecommunications Act of 1996 requires the Board to issue accessibility guidelines, in conjunction with the Federal Communications Commission, for telecommunications equipment and customer premises equipment. The Board is also required to review and update the guidelines periodically. The Board convened a 33-member Telecommunications Access Advisory Committee to assist the Board in fulfilling its mandate to issue these guidelines. The committee presented its recommendations to the Board in January 1997. Based on the committee's recommendations, the Board published a notice of proposed rulemaking in April 1997. The Board published a final rule on February 3, 1998.

• notice of intent to establish advisory committee - March 28, 1996
• notice establishing advisory committee - May 24, 1996
  
• full committee meetings: June 10 12, 1996; August 14-16, 1996; September 25-27, 1996; November 6-8, 1996; December 16-18, 1996; January 13-14, 1997
  
• committee presented recommendations to the Board - January 15, 1997
  
• notice of proposed rulemaking - April 18, 1997
  
• final rule - February 3, 1998
  
• Federal Communications Commission adopted guidelines - November 19, 1999

Electronic and Information Technology. On August 7, 1998 the Workforce Investment Act of 1998, which includes the Rehabilitation Act Amendments of 1998, was signed into law. Section 508 of the Rehabilitation Act Amendments requires that when Federal departments or agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the technology is accessible to people with disabilities, unless an undue burden would be imposed on the department or agency.

Section 508 required the Board to publish standards setting forth a definition of electronic and information technology and the technical and functional performance criteria for such technology. The Board and the General Services Administration are required to provide technical assistance to individuals and Federal departments and agencies concerning the requirements of section 508.

In developing its standards, the Board was required to consult with various Federal agencies, the electronic and information technology industry, and appropriate public or nonprofit agencies or organizations, including organizations representing individuals with disabilities. The Board is also required to periodically review and, as appropriate, amend the standards to reflect technological advances or changes in electronic and information technology. The Board convened a 27-member Electronic and Information Technology Access Advisory Committee to assist it in developing its standards. The Committee presented its report with recommendations to the Board in May 1999. The Board issued a notice of proposed rulemaking on access to electronic and information technology in March 2000. A final rule was published on December 21, 2000. On April 25, 2001, the Federal Acquisition Regulatory Council incorporated the Board's standards into revisions to the Federal Acquisition Regulations.

• notice of intent to establish advisory committee - August 24, 1998
  
• notice establishing advisory committee - September 29, 1998
  
• full committee meetings: October 15-16, 1998; December 1-2, 1998; January 5-6, 1999; February 8-9, 1999; March 29-30, 1999; May 11-12, 1999
  
• committee presented recommendations to the Board - May 12, 1999
  
• notice of proposed rulemaking - March 31, 2000
  
• final rule - December 21, 2000
  
• Federal Acquisition Regulatory Council incorporated the Board's standards into revisions to the Federal Acquisition Regulations - April 25, 2001
  
  

Access Board Completed Rules
revised May 15, 2009

ADA and ABA Accessibility Guidelines
ANPRM:
Public Hearing: 01/31/00, 03/13/00
Information Meeting: 10/24/00, 10/25/00
Advisory Committee: 10/24/94 - 08/28/96
Regulatory Negotiation:
NPRM: 11/16/99
SNPRM:
Interim Final Rule:
Final Rule: 07/23/04
Enforceable Standard: 05/17/05, 11/08/05, 10/30/06, 10/31/08

ADAAG (Sections 1-9)
ANPRM: 08/31/90
Public Hearing: 02/11/91, 03/07/91
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM: 01/22/91
SNPRM:
Interim Final Rule:
Final Rule: 07/26/91
Enforceable Standard: 07/26/91, 09/06/91

ADAAG (Section 10)
ANPRM:
Public Hearing:
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM:
SNPRM: 03/20/91
Interim Final Rule:
Final Rule: 09/06/91
Enforceable Standard: 09/06/91, 01/18/94

State and Local Government Facilities (Sections 11-12)
ANPRM:
Public Hearing: 02/22/93, 03/15/93
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM: 12/21/92
SNPRM:
Interim Final Rule: 06/20/94
Final Rule: 01/13/98
Enforceable Standard:

ATMs
ANPRM: 05/06/92
Public Hearing: 05/28/92
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM: 09/08/92
SNPRM:
Interim Final Rule:
Final Rule: 07/15/93
Enforceable Standard: 07/15/93, 01/18/94

Children's Elements
ANPRM: 02/03/93
Public Hearing:
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM: 07/22/96
SNPRM:
Interim Final Rule:
Final Rule: 01/13/98
Enforceable Standard:

Play Areas
ANPRM:
Public Hearing: 06/03/98
Information Meeting:
Advisory Committee:
Regulatory Negotiation: 03/05/96 - 07/09/97
NPRM: 04/30/98
SNPRM:
Interim Final Rule:
Final Rule: 10/18/00, 11/20/00
Enforceable Standard:

Recreation Facilities -- Sports, Amusement, Golf, Boating and Fishing Facilities
ANPRM: 09/21/94
Public Hearing: 08/26/99, 11/17/99
Information Meeting: 09/16/96, 12/01/99, 08/21/00, 09/06/00
Advisory Committee: 07/15/93 - 07/13/94
Regulatory Negotiation:
NPRM: 07/09/99
SNPRM:
Interim Final Rule:
Final Rule: 09/03/02
Enforceable Standard:

Detectable Warnings -- Temporary Suspension
ANPRM:
Public Hearing:
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM: 07/09/93, 04/12/96, 06/01/98
SNPRM:
Interim Final Rule:
Final Rule: 04/12/94, 07/29/96, 11/23/98
Enforceable Standard: 04/12/94, 07/29/96, 11/23/98

ADAAG for Vehicles
ANPRM:
Public Hearing:
Information Meeting:
Advisory Committee:
Regulatory Negotiation:
NPRM: 03/20/91
SNPRM:
Interim Final Rule:
Final Rule: 09/06/91
Enforceable Standard: 09/06/91

Over-the-Road Buses
ANPRM:
Public Hearing:
Information Meeting: 10/21/93
Advisory Committee:
Regulatory Negotiation:
NPRM: 03/25/98
SNPRM:
Interim Final Rule:
Final Rule: 09/28/98
Enforceable Standard: 09/28/98

Telecommunications Equipment
ANPRM:
Public Hearing:
Information Meeting:
Advisory Committee: 06/10/96 - 01/14/97
Regulatory Negotiation:
NPRM: 04/18/97
SNPRM:
Interim Final Rule:
Final Rule: 02/03/98
Enforceable Standard: 11/19/99

Electronic and Information Technology
ANPRM:
Public Hearing:
Information Meeting:
Advisory Committee: 10/15/98 - 05/12/99
Regulatory Negotiation:
NPRM: 03/31/00
SNPRM:
Interim Final Rule:
Final Rule: 12/21/00
Enforceable Standard: 04/25/01

COOPERATIVE EFFORTS IN CODES AND STANDARDS DEVELOPMENT
April 2009

The Board's mission is to be “the catalyst for achieving an accessible America.” This statement recognizes that achieving an accessible America requires bringing together the public and private sectors. One of the Board's long-range goals is to take a leadership role in the development of codes and standards for accessibility. The Board works with model code organizations and voluntary consensus standards groups that develop and periodically revise codes and standards affecting accessibility. The following is a list of the codes and standards that the Board actively works with.

• American National Standards Institute (ANSI) A117 Committee. The Board has actively participated on the International Code Council (ICC)/ANSI A117 Committee in revising and maintaining its standard, “Accessible and Usable Buildings and Facilities.” A major objective of the Board and the ANSI A117 Committee is to harmonize the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the ICC/ANSI A117.1 standard.
  


• American Society of Mechanical Engineers (ASME) A18 Platform Lift and Stairway Chairlift Committee. Standards for platform lifts which once were included in the ASME A17 Safety Code for Elevators and Escalators are now part of the ASME A18 standard. This committee has already revised its standards to improve the quality and accessibility of platform lift and stairway lift devices. The new standard no longer includes provisions that require lifts to be key operated.
  


• International Code Council (ICC), International Building Code (IBC). The International Building Code represents a cooperative effort on the part of national model codes to bring uniformity to building codes. Additionally, the ICC provides interested parties with a single agenda to which they may direct recommended code changes. The IBC includes numerous provisions affecting accessibility such as: scoping provisions for the ICC/ANSI A117.1 standard, provisions for mainstreamed accessible elements, and requirements for accessible means of egress. Adoption of the IBC by state and local code authorities provides a unique opportunity for principles of accessibility to be standardized and integrated in building codes. Board staff monitors and contributes to the on-going development of the IBC.
  


• Acoustical Society of America (ASA)/ANSI Working Group on Classroom Acoustics, Committee S-12, Noise. The parent of a child with a hearing loss petitioned the Board to include new provisions in ADAAG for acoustical accessibility for individuals who are hard of hearing because the acoustical environments found in many schools today are barriers to communication and therefore to learning for children with hearing impairments. The Board published a notice in the Federal Register in June 1998 requesting information on a variety of issues regarding acoustical environments including possible scoping and technical requirements. Rather than initiating rulemaking, the Board collaborated with an existing Acoustical Society of America (ASA)/American National Standards Institute (ANSI) Working Group on Classroom Acoustics to develop private sector technical and scoping standards. At the Board's request, the working group membership was broadened to include other stakeholders, including representatives of school systems, school designers, disability organizations, and the Department of Education. The Board provided funding from its research budget to support administrative costs of the working group. The standard was recently adopted by ANSI. The approved standard, Acoustical Performance Criteria, Design Requirements, and Guidelines for Schools (ANSI S12.60-2002), sets specific criteria for maximum background noise and reverberation.
  


• National Committee on Uniform Traffic Control Devices. The Board has provided comment on revisions to the Manual on Uniform Traffic Control Devices (MUTCD), which includes coverage of pedestrian signals, intersection design issues, pavement markings, signage, signalization, and other traffic control issues and was a member of a Signals Committee Task Force to develop a draft standard for accessible pedestrian signals.

The Board also closely monitors developments in other codes and standards including:

• Committee on Accessible Transportation Research
  
• NFPA 1-1997, Fire Prevention Code
  
• NFPA 72-1996, Installation, Maintenance, and Use of Protective Signaling Systems
  
• NFPA 101-1997 Life Safety Code
  
• NFPA 130-1997, Fixed Guideway Transit systems

The Board is a member of the following codes and standards organizations:

• American National Standards Institute (ANSI) A117 Committee
  
• American Society of Mechanical Engineers (ASME) A18 Platform Lift and Stairway
  
• Chairlift Lift Committee
  
• ASTM, Committee F 8 on Sports Equipment and Facilities
  
• National Conference of States on Building Codes and Standards
  
• National Fire Protection Association

APPENDIX C: DATA ON ABA CASES

ACTIVE ABA CASES BEGINNING OF FISCAL YEAR

NEW COMPLAINTS

* Does not include telephone referrals.

APPENDIX D: TECHNICAL ASSISTANCE CONTACT DATA

TECHNICAL ASSISTANCE CONTACT DATA

1 Data have been collected since March 1998.
2 An information packet usually contains several publications. We do not collect data on publications disseminated through partner organizations; therefore the actual number of publications disseminated to our customers is greater than our current data indicates.