In a message dated 09/07/1999 7:36:55 PM Eastern Daylight Time, NAOTD writes:
<< Access To Public Rights of Way
ACCESSIBILITY ADVOCATES AND OTHERS INTERESTED IN DISABILITY ACCESS TO
SIDEWALKS AND STREETS
ACCESS BOARD FORMS ADVISORY COMMITTEE ON PUBLIC RIGHTS OF WAY -
APPLICATIONS DUE SEPTEMBER 27, 1999
Disability access advocates nationwide should be alerted to the formation by
the Access Board of a very important Advisory Committee on Public Rights of
Way (that is, sidewalks, street crossings, curb ramps, etc.). The Advisory
Committee will develop comprehensive recommendations for the Board in this
crucial area, and its recommendations are an important part of the process
of
developing access standards. This Advisory Committee is a significant
opportunity to provide input into the development of federal accessibility
policy.
Below is the formal notice from the Access Board providing all the details.
Please share the notice with others who you feel should see it.
--
BOARD TO CREATE ADVISORY COMMITTEE ON
ACCESS TO PUBLIC RIGHTS-OF-WAY
On August 12, 1999, the Access Board published a notice on its plan
to organize an advisory committee on access to public rights-of-way
for people with disabilities. The committee will develop
recommendations that the Board will use in issuing new guidelines
under the Americans with Disabilities Act (ADA) and the Architectural
Barriers Act (ABA). The notice, which was published in the Federal
Register, requests nominations for people to serve on the committee.
The Access Board develops and maintains accessibility guidelines for
the built environment under the ADA and the ABA. The Board's
guidelines cover a wide range of facilities but do not specifically
address public rights-of-way. The Board previously proposed
guidelines in this area during rulemaking for state and local
government facilities. Based on the public comment in response to
that rulemaking, the Board determined that it should coordinate with
the transportation industry and undertake an outreach and training
program before proceeding with guidelines. Under this program, the
Board has developed a series of videos, an accessibility checklist, a
report on pedestrian signals, and a design guide on accessible public
rights-of-way.
In creating the new advisory committee, the Board is resuming its
effort to develop public rights-of-way guidelines. It has become
standard practice for the Board to establish advisory committees to
help develop or update its guidelines. Such committees allow
interested groups, including those representing designers, industry,
and people with disabilities, to play a substantive role in the
Board's development of guidelines which are then proposed for public
comment. The new advisory committee will allow input from key
constituencies in advance of a new set of proposed guidelines. The
Public Rights-of-Way Access Advisory Committee will make
recommendations on access to sidewalks, street crossings, and other
related pedestrian facilities and will address various issues and
design constraints specific to public rights-of-way.
The Board seeks applications for representatives from groups and
professions with an interest in the subject, including disability
organizations, public works departments, transportation and traffic
engineering groups, design professionals and civil engineers,
pedestrian and bicycle organizations, Federal agencies, and
standard-setting bodies. Applications are to be submitted to the
Board by September 27, 1999, and should include the representative's
statement of the interests represented, and a description of
qualifications. The Committee will be expected to present a report
with its recommendations to the Board within one year of its first
meeting, which is tentatively scheduled for early November 1999.
For further information, contact the Board at (800) 872-2253 (voice)
or (800) 993-2822 (TTY).
--
Text of published notice follows:
PUBLIC RIGHTS-OF-WAY; ACCESS ADVISORY COMMITTEE
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of intent to establish advisory committee.
SUMMARY: The Architectural and Transportation Barriers Compliance
Board Access Board) announces its intent to establish a Public
Rights-of-Way Access Advisory Committee (Committee) to make
recommendations for accessibility guidelines for public rights-of-way
covered by the Americans with Disabilities Act of 1990 and the
Architectural Barriers Act of 1968. The Access Board requests
applications for representatives to serve on the Committee.
DATES: Applications should be received by September 27, 1999.
ADDRESSES: Applications should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC
20004-1111. Fax number (202) 272-5447. Applications may also be sent
via electronic mail to the Access Board at the following address:
[log in to unmask]
FOR FURTHER INFORMATION CONTACT: Scott Windley,
Office of Technical and Information Services, Architectural and
Transportation Barriers Compliance Board, 1331 F Street, NW., suite
1000, Washington, DC 20004-1111. Telephone number (202) 272-5434
extension 25 (Voice); (202) 272-5449 (TTY).
SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
Single copies of this publication may be obtained at no cost by
calling the Access Board's automated publications order line (202)
272-5434, by pressing 1 on the telephone keypad, then 1 again, and
requesting publication N-03 (Public Rights-of-Way Access Advisory
Committee notice). Persons using a TTY should call (202) 272-5449.
Please record a name, address, telephone number and request
publication N-03. This document is available in alternate formats upon
request. Persons who want a copy in an alternate format should specify
the type of format (cassette tape, Braille, large print, or computer
disk). This document is also available on the Board's Internet site
(http://www.access-board.gov/notices/prowac.htm).
Background
The Architectural and Transportation Barriers Compliance Board
(Access Board) is responsible for developing accessibility guidelines
under the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C.
12101 et seq.) to ensure that facilities and vehicles covered by the
law are readily accessible to and usable by individuals with
disabilities.\1\ The Department of Justice is responsible for issuing
final regulations, consistent with the guidelines issued by the Access
Board, to implement titles II and III (except for transportation
vehicles and facilities). The Department of Transportation is
responsible for issuing regulations to implement the transportation
provisions of titles II and III of the ADA. Those regulations must
also be consistent with the Access Board's guidelines.
The Architectural Barriers Act of 1968 (ABA) (42 U.S.C. 4151 et
seq.) requires that facilities designed, built, altered or leased with
certain Federal funds be accessible to persons with disabilities.
Similar to its responsibility under the ADA, the Access Board is
responsible for developing accessibility guidelines for facilities
covered by the ABA. The Board's guidelines serve as the basis for
enforceable standards issued by four standard-setting agencies; the
standard-setting agencies are the Department of Defense (DOD), the
General Services Administration (GSA), the Department of Housing and
Urban Development (HUD), and the U.S. Postal Service (USPS).\2\
Rulemaking History
On July 26, 1991, the Access Board published the Americans with
Disabilities Act Accessibility Guidelines (ADAAG) for new construction
and alterations in places of public accommodation and commercial
facilities. 36 CFR part 1191. ADAAG contains scoping provisions and
technical specifications generally applicable to buildings and
facilities (sections 1 through 4) and additional requirements
specifically applicable to certain types of buildings and facilities
covered by title III of the ADA: restaurants and cafeterias (section
5); medical care facilities (section 6); mercantile and business
facilities (section 7); libraries (section 8); and transient lodging
(section 9). On September 6, 1991, the Access Board amended ADAAG to
include additional requirements specifically applicable to
transportation facilities (section 10).
On December 21, 1992, the Access Board published a notice of
proposed rulemaking (NPRM) in the Federal Register which proposed to
add four special application sections to ADAAG specifically applicable
to certain types of State and local government buildings and
facilities covered by title II of the ADA. Those special application
sections included:
11. Judicial, Legislative, and Regulatory Facilities.
12. Detention and Correctional Facilities.
13. Accessible Residential Housing.
14. Public Rights-of-Way.
The NPRM also proposed requirements and asked questions regarding
the addition of miscellaneous provisions specifically applicable to
State and local government facilities. 57 FR 60612 (December 21,
1992). On June 20, 1994, the Board published an interim rule in
the Federal Register which added sections 11 through 14 and
miscellaneous provisions to ADAAG. 59 FR 31676 (June 20, 1994) as
corrected at 59 FR 32751 (June 24, 1994). The interim rule sought
comment on sections 11 through 14 and the miscellaneous provisions.
On January 13, 1998, the Board published final rules for State and
local governments but decided to reserve section 14, due in large
measure to the concerns of the transportation community expressed in
comments to the Board on the proposed and interim final rules. 63 FR
2000. Many of those commenters, including public works agencies,
transportation departments, and traffic consultants, were concerned
that the section 14 provisions would be applied to existing developed
rights-of-way.
The response to both the NPRM and the interim rule clearly
indicated the need for substantial education and outreach regarding
the application of guidelines in this area. Rather than finalizing the
guidelines for public rights-of-way, the Board embarked upon an
ambitious outreach plan to the highway industry. This outreach
included producing a series of videotapes, an accessibility checklist,
a synthesis on accessible pedestrian signals, and a design guide on
accessible public rights-of-way. In addition, the Board has been
actively involved with transportation industry organizations and has
worked closely with the Federal Highway Administration on access
issues.
The Access Board has reviewed its education and outreach program
and the impact of State and local government regulatory efforts in
this area, and believes that the development of requirements for
accessibility in the public right-of-way is appropriate at this time.
At its May 1999 meeting, the Access Board voted to reinitiate
rulemaking on accessible pedestrian facilities by convening a Federal
advisory committee to develop recommendations for guidelines for
public rights-of-way covered by the Americans with Disabilities Act
and the Architectural Barriers Act.
Public Rights-of-Way Access Advisory Committee
The Access Board intends to establish a Public Rights-of-Way
Access Advisory Committee (Committee) to assist the Board in the
process of developing its accessibility guidelines. The Committee
will make recommendations to the Access Board on the content and
format of the guidelines, including scoping and technical provisions
to address access to sidewalks, street crossings, and related
pedestrian facilities. The Committee will be expected to present a
report with its recommendations to the Access Board within one year
of the Committee's first meeting. The Access Board requests
applications for representatives of the following interests for
membership on the Committee:
- Federal agencies;
- Design professional organizations;
- Transportation and traffic engineering institutes,
departments, and organizations;
- State and local government public works and transportation
agencies;
- Pedestrian and bicycle organizations;
- Standard setting organizations;
- Organizations representing the access needs of individuals
with disabilities; and
- Other persons affected by the accessibility guidelines.
The number of Committee members will be limited to effectively
accomplish the Committee's work and will be balanced in terms of
interests represented. Organizations with similar interests are
encouraged to submit a single application to represent their interest.
Although the Committee will be limited in size, there will be
opportunities for the public to present written information to the
Committee, to participate through subcommittees, and to comment at
Committee meetings.
Applications should be sent to the Access Board at the address
listed at the beginning of this notice. The application should include
the representative's name (and an alternate), title, address and
telephone number; a statement of the interests represented; and a
description of the representative's qualifications, including
engineering, technical and design expertise and knowledge of making
public rights-of-way accessible to individuals with disabilities.
Committee members will not be compensated for their service. The
Access Board may, at its own discretion, pay travel expenses for a
limited number of persons who would otherwise be unable to participate
on the Committee. Committee members will serve as representatives of
their organizations, not as individuals. They will not be considered
special government employees and will not be required to file
confidential financial disclosure reports.
After the applications have been reviewed, the Access Board will
publish a notice in the Federal Register announcing the appointment of
Committee members and the first meeting of the Committee. The first
meeting of the Committee is tentatively scheduled for November 8-9,
1999 in Washington, DC. The Committee will operate in accordance with
the Federal Advisory Committee Act, 5 U.S.C. app 2. Each meeting will
be open to the public. A notice of each meeting will be published in
the Federal Register at least 15 days in advance of the meeting.
Records will be kept of each meeting and made available for public
inspection.
Lawrence W. Roffee,
Executive Director.
\1\ The Access Board is an independent Federal agency
established by section 502 of the Rehabilitation Act (29 U.S.C. 792)
whose primary mission is to promote accessibility for individuals with
disabilities. The Access Board consists of 25 members. Thirteen are
appointed by the President from among the public, a majority of who
are required to be individuals with disabilities. The other twelve are
heads of the following Federal agencies or their designees whose
positions are Executive Level IV or above: The departments of Health
and Human Services, Education, Transportation, Housing and Urban
Development, Labor, Interior, Defense, Justice, Veterans Affairs, and
Commerce; the General Services Administration; and the United States
Postal Service.
\2\ The Uniform Federal Accessibility Standards (UFAS) were
developed by the four standard-setting agencies to implement the
Architectural Barriers Act of 1968. Most Federal agencies also
reference UFAS as the accessibility standard for buildings and
facilities constructed or altered by recipients of Federal financial
assistance for purposes of section 504 of the Rehabilitation Act of
1973, as amended.
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