U.S. ACCESS BOARD FY 2011 BUDGET JUSTIFICATION

TABLE OF CONTENTS

• INTRODUCTION
• DEVELOP AND MAINTAIN ACCESSIBILITY REQUIREMENTS
  
• EDUCATE STAKEHOLDERS ABOUT ACCESSIBILITY
  
• ENFORCE COMPLIANCE WITH THE ARCHITECTURAL BARRIERS ACT
• ANTICIPATE OPPORTUNITIES FOR ACCESSIBILITY IN OUR CHANGING ENVIRONMENT
• DEVELOPMENT OF METRICS
• FEDERAL HUMAN CAPITAL SURVEY FINDINGS
• APPENDIX A
• APPENDIX B
• APPENDIX C
• APPENDIX D

ACCESS BOARD FY 2011 BUDGET JUSTIFICATION

This document presents the Access Board's budget justification for fiscal year (FY) 2011. We are requesting a total budget authority of $7,300,000 (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

In March 2009, the Access Board approved a new strategic plan. The plan includes a new vision statement (achieve a fully accessible America for all) and a new mission statement (lead the development, advancement, and implementation of accessibility requirements). The plan includes four goals:

• develop and maintain accessibility requirements
• educate stakeholders about accessibility
• enforce compliance with the ABA, and
• anticipate opportunities for accessibility in our changing environment.

The Board has established long and short range goals and annual objectives that describe the strategies it will implement to achieve the goals. This discussion and budget justification presents information under each of the Board's program areas and reports on the results from FY 2009 activities, reviews the planned FY 2010 activities, and presents the FY 2011 objectives.

In developing objectives and strategies for achieving its 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 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 Communications 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 procured by Federal agencies. Additionally, under the Help America Vote Act, the Board serves on the Board of Advisors and the Technical Guidelines Development Committee which assist the Election Assistance Commission in developing voluntary guidelines 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.

DEVELOP AND MAINTAIN ACCESSIBILITY REQUIREMENTS

FY 2009 Results - Rulemaking
FY 2009 Results - Codes and Standards
FY 2010 Planned Activities - Rulemaking
FY 2011 Objectives - Rulemaking
FY 2010 Planned Activities - Codes and Standards
FY 2011 Objectives - Codes and Standards

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 2011 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. We have the following two objectives for this program area:

• Complete the following rulemakings: Outdoor Developed Areas; Passenger Vessels; Public Rights-of-Way; Information and Communications Technology; Transportation Vehicles; and, Emergency Transportable Housing.
• Improve the effectiveness and efficiency of the rulemaking process to ensure "state-of-the-art" accessibility guidelines.
  

FY 2009 Results - Rulemaking

The status of current guidelines and standards efforts is presented below.

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. 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. In October 2009 the Board released draft final guidelines for public comment. After a 60-day comment period we received 79 comments. A final rule is planned for FY 2010. Proposed guidelines for non-Federal sites will be published for comment at a future date.

Passenger Vessels

The Board's guidelines will apply to passenger vessels that are permitted to carry more than 150 passengers or more than 49 overnight passengers, all ferries, and certain tenders that carry 60 or more passengers. In June 2008, we published revised draft guidelines for the purpose of holding information meetings to collect data necessary for a regulatory assessment. Meetings were held in August 2008 to collect this data. In 2009, we contracted with the Volpe National Transportation Systems Center to assist the Board in finalizing the regulatory assessment. Also in October 2008, the Board's Passenger Vessel Emergency Alarms Advisory Committee completed its work and presented its report to the Board. 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 notice of proposed rulemaking is planned for FY 2010.

Public Rights-of-Way

In 2009, we contracted with the Volpe National Transportation Systems Center to assist the Board in finalizing a regulatory assessment for this rulemaking. The Board has been working with an ad hoc committee of Board members and staff to develop a notice of proposed rulemaking. A proposed rule is planned for FY 2010.

Information and 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. The Board has been working with an ad hoc committee of Board members, staff, and Federal agencies to advance this rulemaking. The Board voted in July 2009 to release draft requirements for public comment as soon as they are completed. We expect to complete our work in January 2010 and then publish an advance notice of proposed rulemaking and provide a 90 day public comment period.

Transportation Vehicles Guidelines Update

In November 2008, the Board released for public comment a second draft of revisions updating its accessibility guidelines for buses and vans covered by the Americans with Disabilities Act. The second draft was issued because the format has been significantly changed, provisions for over-the-road buses (buses characterized by an elevated passenger deck above a baggage compartment) have been added, and changes have been made in response to comments on a first draft that was published in April 2007. In 2009, we contracted with the Volpe National Transportation Systems Center to assist the Board in finalizing the regulatory assessment for this rulemaking. The Board has been working with an ad hoc committee of Board members and staff to develop a notice of proposed rulemaking. A proposed rule is planned for FY 2010.

The current 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 updates of other sections of the vehicles guidelines for rail cars, trams, and other modes of rail transportation.

Emergency Transportable Housing

An advisory committee on emergency transportable housing was created in September 2007. The Board organized this committee, which included representation from disability groups, industry and 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 are needed. The committee completed its work and presented its report to the Board in November 2008. The Board is working with an ad hoc committee of Board members, staff, and Federal agencies to develop a notice of proposed rulemaking. A proposed rule is planned for FY 2010.

FY 2009 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 a final rule to the new administration in 2010. 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. Some of the codes and standards groups that we work with include the International Code Council (ICC)/American National Standards Institute (ANSI) A117 Committee; American Society of Mechanical Engineers (ASME) A18 Platform Lift and Stairway Chair Lift Committee; National Fire Protection Association (NFPA), Disability Access Review Advisory Committee; and the American Society for Testing and Materials (ASTM) Committee on Playground Surfacing Systems.

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 made accessible voluntarily, thus reducing the necessity for complaints and litigation.

Two Access Board members 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 2010 Planned Activities - 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
• ANPRM on information and communications technology
• NPRM on transportation vehicles (buses, vans, and over-the-road buses)
• NPRM on emergency transportable housing

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.

H.R. 3962, the Affordable Health Care for America Act and H.R. 3590, the Patient Protection and Affordable Care Act contain provisions to address access to medical diagnostic equipment for people with disabilities.  Both measures include language that authorizes the Board to develop accessibility criteria for equipment such as examination tables and chairs, including those used for dental or eye care, weight scales, x-ray machines and other radiological equipment, and mammography equipment.  Access to this type of equipment has been an issue since it is not addressed by existing accessibility standards or regulations, including those issued under the Americans with Disabilities Act.  The Board did not previously address such equipment in its facility guidelines because its guideline-setting authority does not generally extend to equipment and furnishings that are not permanently fixed or built-in.

H.R. 3962 and H.R. 3590 each contain analogous provisions on the topic, but there are differences between them in how accessibility criteria would be implemented.  The bill passed by the House of Representatives in November 2009, H.R. 3962, the Affordable Health Care for America Act, directs the Board to issue accessibility guidelines within nine months of enactment.  Federal agencies responsible for regulating and enforcing the Rehabilitation Act would be required to issue regulations that include mandatory standards consistent with the Board's guidelines within six months.

H.R. 3590, the Patient Protection and Affordable Care Act, passed by the Senate in December 2009, would require the Board to issue accessibility standards for medical diagnostic equipment within two years of enactment in consultation with the Food and Drug Administration.  In specifying issuance of standards instead of guidelines by the Board, no further action by other agencies would be required for the requirements to take effect.  Both measures specify that the Board periodically review and update the established technical criteria.

FY 2011 Objectives - Rulemaking

In FY 2011, it is our objective to issue four final guidelines and one proposed rule:

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

FY 2010 Planned Activities - Codes and Standards

In FY 2010, 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 EAC is working on the next version of the Voluntary Voting System Guidelines based on draft guidelines from the Technical Guidelines Development Committee (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 2011 Objectives - Codes and Standards

In FY 2011, 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.

EDUCATE STAKEHOLDERS ABOUT ACCESSIBILITY

FY 2009 Results
FY 2010 Planned Activities
FY 2011 Objectives

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 customer's 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 have the following two objectives in this program area:

• Broaden education and outreach efforts.
• Use new technologies to deliver training and guidance.

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 outdoor developed areas, passenger vessels, public rights-of-ways, and emergency transportable housing, there will be increased demands for technical assistance from existing and new customer groups. The Board has informal partnerships with organizations such as the National Association of ADA Coordinators and the Disability and Business Technical Assistance Centers (DBTAC) to disseminate information about the Board's programs. Many of the Board's guidelines and publications are available through these organizations' on-line networks. The Board also provides training for these organizations. As we develop new guidelines and standards, there will be opportunities to use existing partnerships and establish new partnerships with customer groups to disseminate information about the Board's rulemaking.

FY 2009 Results

Focus Issue

Recently, the Board adopted a "focus issue" approach to public outreach and technical assistance that will allow the Board to reach a wider variety of audiences than it does now. The focused approach will supplement the Board's existing outreach programs. Focusing on an issue will allow us to make a large impact in a narrow segment of society in a way that our current approach does not allow. In 2007, the Board identified airport accessibility as its new focus issue. The Board will pay 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. Since 2007, the Board explored many of these issues through a series of presentations in order to gather information on current products, construction, and industry practices. 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. Many of the airport terminal issues the Board will address will be included in the on-line technical assistance document on the ADA and ABA Accessibility Guidelines that has already been funded and is in the early stages of development. Additionally, we will review drafts of future airport facility technical assistance guidance material from other Federal agencies and trade organizations. In addition, 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. Some examples of our efforts in this area for 2009 include:

• travelled to Sacramento, CA to meet with representatives from the general contractor, design firm, the Sacramento County Disability Compliance Office, airport facility personnel and other disability advocates on a new terminal project currently under construction in Sacramento, CA.
• created a draft technical assistance document that will identify the applicable laws for airports facilities.
• worked with Open Doors Organization, representatives from the International Association of Assistance Dog Partners, and the Airports Council International-North America to develop a technical assistance document on service animal relief areas.
• met with staff from Reynolds, Smith and Hills, Inc. to discuss modifications to the design of the terminal replacement project in Duluth, MN. We provided training to their staff architects in Chicago, IL and Jacksonville, FL on the ADA and ABA Accessibility Guidelines.

Technical Assistance and Research Projects

Technical assistance, research, regulatory assessments, and training projects funded in FY 2009 include:

• Regulatory assessments. Multiple contracts were awarded to the Volpe National Transportation Systems Center to assist in the development of regulatory assessments for rulemaking for transportation vehicles, passenger vessels, public rights-of-way, and outdoor developed areas.
• Space requirements for wheeled mobility. 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. This project will be completed in 2010.
• Transfer study. The Human Engineering Research Laboratory (HERL) will plan, administer, and conduct a literature review and produce a data collection tool on transfer for use in follow-on studies. 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.

In FY 2009, the Board responded to 13,595 customer inquiries, distributed 1,092 information packets, and conducted 86 training sessions that were attended by approximately 6,968 people. 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.

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 2.9 million user sessions in FY 2009 and 44 million "hits". We also published and distributed six issues of Access Currents, a free newsletter the Board issues every other month by mail and e-mail.

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 2009, the Board conducted 86 sessions that reached over 6,968 people. Much of our training focused on outreach to organizations with an interest in our existing or pending rulemaking. Some of these included:

• Motorist Information Services Association
• Federal Aviation Administration
• Association of ADA Coordinators
• National Trails Symposium
• 508 Coordinators Conference
• Texas Registered Accessibility Specialists
• American Association of Museums
• AIA Convention
• National ADA Symposium
• Highway-Rail Grade Crossing Safety

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 2010 Planned Activities

Focus Issue

The Board's 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, 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 new airport 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. The WGBH project developed recommendations for a web-based learning tool that is tailored to the Board's instructional aims and the needs of its various audiences.

To advance planning for the web-based guide on the ADA and ABA Accessibility Guidelines, we have developed a sample component on accessible toilet rooms. This module features a narrative guide with illustrations that explains scoping and technical requirements for single user toilet rooms, the relationship and rationale of various provisions, and sample room designs. It includes a web-based model and a down-loadable print edition. As part of this work, a supplemental animation on the topic is being developed.

We are using new technologies to deliver training. In 2010 the Board launched a series of webinars and audio conferences on different topics of accessibility in cooperation with the Disability and Business Technical Assistance Centers (DBTACs). The series will cover a variety of topics on accessibility pertaining to the built environment, information and communication technologies, and transportation. Sessions are planned on Board guidelines and standards, including the updated ADA and ABA Accessibility Guidelines and the Section 508 Standards, as well as the subjects of Board rulemaking, such as accessible outdoor developed areas and public rights-of-ways. In addition, the Board will devote some webinars to subject areas where guidance is often requested or compliance is problematic, such as toilet and bathing facilities and accessible routes, and to current topics of interest, including guidance on achieving accessibility in stimulus projects funded by the American Recovery and Reinvestment Act of 2009 (the Recovery Act). The sessions will be conducted on a monthly basis with most scheduled for 90 minutes and participants can gain continuing education credits. Two webinars have already been held and have reached more than 500 people.

The Board has upgraded its news distribution services to provide enhanced features and options for email subscribers. Implemented through GovDelivery, a firm specializing in email subscription services for government entities, the new system offers more choices in receiving news updates on Board initiatives and activities. In addition to its email newsletter, Access Currents, subscribers can sign-up to receive instant news updates. Subscription lists also are available for updates specific to Board rulemaking initiatives. Those interested in the Board's development of a particular guideline or standard can subscribe to a dedicated list to be kept apprised of progress on that rulemaking. Other enhancements include implementation of an RSS feed to syndicate Board news posted online.
Technical Assistance and Research Projects

The following research and technical assistance projects are planned for FY 2010:

• Technical Assistance on Outdoor Developed Areas. Through a collaborative agreement between the Board and our Federal partners, a document is under development with the Department of Agriculture's Missoula Technology and Development Center that will explain the final guidelines and provide information on best practices.
• Contractor support to develop graphics for the on-line technical assistance document on the ADA and ABA Accessibility Guidelines.
• Regulatory assessments. Contracts to assist in the development of regulatory assessments for rulemaking for information and communications technology and emergency transportable housing (and medical diagnostic equipment if the Board is given this responsibility).
  

FY 2011 Objectives

In FY 2011 and beyond, we will develop training and technical assistance materials on our planned final rules on transportation vehicles, emergency transportable housing, 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 modules for the web-based guide on the ADA and ABA Accessibility Guidelines. We are planning a redesign of our website in FY 2011 and move to a content management system to aid in the ability to more easily update the site on a regular basis. Our last redesign was in June 2005.

ENFORCE COMPLIANCE WITH THE ARCHITECTURAL BARRIERS ACT

FY 2009 Results - ABA Compliance
FY 2009 Results - Working in Partnership with Agencies
FY 2010 Planned Activities - ABA Compliance
FY 2010 Planned Activities - Working in Partnership with Agencies
FY 2011 Objectives - ABA Compliance
FY 2011 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.

• We have the following three objectives in this program area:
• Expand partnerships with Federal agencies, state and local governments, advocacy groups, and others.
• Increase ABA compliance.
• Develop strategies for better compliance using ABA compliance performance information.

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 2009 Results - ABA Compliance

In FY 2009, the Board received 111 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 111 complaints, we opened 51 as new Architectural Barriers Act cases. Although the Board did not have authority under the Architectural Barriers Act in the other 60 complaints, we responded to the complainants, usually by referring them to the appropriate enforcement agency. In addition, we referred another 11 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 new complaints. It is the Board practice to send initial letters to complainants acknowledging receipt of their complaint or to begin an investigation of the issues they raised within five working days of receiving the complaint. We 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.

In FY 2009 we developed performance measures for the Board's Compliance and Enforcement program and collected data on program outcome and timeliness. The four performance measures 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

The average resolution time was 155 days for complaints involving projects to correct ABA violations. The average closure time for complaints where our investigations revealed there was no violation of the Architectural Barriers Act or we did not have jurisdiction was 75 days.

We also began developing a survey instrument and protocol for complainants and for Federal agency contacts to assess customer satisfaction with the compliance program.

FY 2009 Results - Working in Partnership with Agencies

In FY 2009 the Department of Defense adopted new accessibility standards based under the Architectural Barriers Act. We worked with Department of Defense agencies to familiarize them with the new standards and ensure that covered facilities are in compliance with the new standards. We continued ongoing work with the Department of Housing and Urban Development on the development of policies to implement its accessibility standards, which will be based on the Access Board's Architectural Barriers Act Accessibility Guidelines.

FY 2010 Planned Activities - ABA Compliance

In FY 2010, 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 2010, the Board had 124 active cases. Based on previous experience, we expect to receive 168 new complaints in FY 2010. Of this total, we estimate that 55 will be opened as new Architectural Barriers Act cases and 113 will be referred to other agencies for enforcement under other laws, such as the Americans with Disabilities Act and the Rehabilitation Act.

In FY 2010 we will complete our survey instrument development and implementation for complainants and Federal agency contacts. We will continue to refine program processes based on performance measures to better increase efficiency in the operation of the Compliance and Enforcement program.

FY 2010 Planned Activities - Working in Partnership with Agencies

We will continue to work with the Department of Defense, U.S. Postal Service, and agencies covered by the General Services Administration accessibility standards to ensure that covered facilities are in compliance with requirements in the ABA standards. We will continue to work with the Department of Housing and Urban Development through the development and adoption of its accessibility standards under the ABA.

We will work with Federal agency contacts to increase their agency customers' awareness of the ABA and the availability of the ABA complaint process.

FY 2011 Objectives - ABA Compliance

In FY 2011, the Board will continue to investigate complaints under the Architectural Barriers Act. We estimate that we will have 114 active cases at the beginning of FY 2010 and will receive 168 new complaints. We expect to open 55 new Architectural Barriers Act cases and refer 113 complaints to other agencies for enforcement under other laws. We will continue to provide good customer service and increase efficiency in the operation of the Compliance and Enforcement program. We plan to update and revise our computer record keeping system for ABA complaints as well. The system we use now is extremely outdated and is cumbersome when running anything but the most routine reports.

FY 2011 Objectives - Working in Partnership with Agencies

We will continue working with the ABA standard-setting agencies to ensure that new construction, alterations, and leases are in compliance with the requirements under the ABA.

ANTICIPATE OPPORTUNITIES FOR ACCESSIBILITY IN OUR CHANGING ENVIRONMENT

This is a new program area for the Board. In July 2009, the Board formed a new ad hoc committee to address "frontier" technologies not currently addressed by the Board's guidelines and standards or elsewhere. We have the following two objectives in this program area:

• Work with appropriate agencies within the Administration to clarify authority of the Americans with Disabilities Act with respect to information and communication technology.
• Identify, prevent, and resolve barriers to accessible technology.

FY 2010 Planned Activities

Although the committee has just begun to examine the issues, it has already identified the accessibility of health information technology (HIT), including health records as being important. The Board is interested in a facilitation role to foster interagency collaboration in this area. In January 2010, we met with the Department of Health and Human Services, Office on Disability to discuss HIT and other issues and are planning a conference in the spring of 2010 with the Interagency Committee on Disability Research on this subject.

FY 2011 Objectives

We plan to invite speakers to our regularly scheduled Board meetings to brief the Board and staff on new and emerging technology issues and will seek input from the public during our yearly out-of-town events.

DEVELOPMENT OF METRICS

At the September 2008 Board meeting, the Board amended its Planning and Evaluation Committee's charter to add as a function the development of metrics for all of the Access Board's functions. In November 2008, the Board decided to focus its initial efforts on assessing the performance in the Compliance and Enforcement program. This was based on several factors:

• the Compliance and Enforcement program is the Access Board's oldest program, which directly supports the agency's mission and goals;
• it is a program where the agency has a tangible impact on improving accessibility of the built environment;
• the program 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;
• much of the program performance information is already collected by the staff, through established methods, so that additional data analysis and reporting can be incorporated easily into the current work processes of the program;
• standardized, periodic reporting against refined, objective program metrics will allow us to set annual benchmarks and targets for performance improvement.

We are collecting and reporting data to address program outcome, timeliness, customer satisfaction, and cost effectiveness.

Based on our initial efforts we have already gained several valuable insights into both how the program is operating and the value of the current database for program management. Below, we identify three significant issue areas, together with next steps to be taken by staff and targets for improved performance.

Variance in Timeliness of Initial Contact with Complainant. Our data shows timely handling of complaints where a decision is made to open a case, with the initial acknowledgment letter to the complainant, informing them that a case has been opened for official investigation, transmitted within four days of receipt of the complaint. However, the data shows a much longer process time for those complaints where staff determine there is no basis on which to open a case for investigation.

Staff are currently examining why it takes longer to make a determination that no basis on which to open a case exists, compared with a determination to open a case for formal investigation. We will work to reduce by the end of FY 2010 the time between receipt of a complaint and a reply to a complainant indicating a determination that no basis exists for opening a case for investigation to ten business days, so that citizens can promptly pursue other avenues by which to achieve an accessibility solution. In addition, staff will develop a standardized reply that could be forwarded to each complainant immediately upon assignment of a preliminary investigation number, so that complainants would know that his/her complaint had been received and assigned to staff for initial review.

Lack of Detailed Complaint Characteristics. CTS does not capture detailed information about what comprises each case; the data that is captured is not coded in a way to permit useful statistical analysis of the complaints. Some cases reflect multiple allegations of accessibility violations at single facilities; others contain a single allegation regarding a facility. Some cases involve multiple complainants; others involve single complainants. Some cases can be resolved with simple corrective action, while others require complex and significant corrective actions to achieve a compliant accessibility resolution. While it may not be possible to capture every detail of a case, we believe it would be very useful to capture and analyze information about the complexity of cases and corrective actions pending in an investigation before the agency.

We plan to expand the analysis of complaint data currently residing in the CTS data base to include complaints received in previous years, to assess trends in timeliness of complaint handling, and case closure statistics. In addition, beginning in FY 2010 we will analyze timeliness in relation to the following complaint characteristics:

• Number of allegations included in the complaint
• Nature of allegations included in the complaint
• Responsible agency
• Location of the facility
• Time of year when the complaint is filed
• Scope and complexity of required corrections
• Estimated cost of corrective action

Outdated Database. Our attempt to produce useful reports of program performance against the proposed performance metrics has confirmed that the current CTS system offers very limited functionality for capturing, reporting, manipulating, and analyzing program data. Because of choices made when the system was designed more than 20 years ago, certain program data is either not captured, not recorded in a way that permits statistical analysis, or is not preserved for analysis. The system is extremely labor intensive to both maintain (e.g. entering ongoing program data) and to develop new reports even within current data restraints.

We are exploring options to move CTS to a new more flexible, robust platform to allow us to meet our program management and reporting needs. We are also reviewing the current data collected in CTS, and are considering what additional data elements are needed or desirable, and what data that is currently collected that may no longer be needed. We hope to be able to transition to a new data system in early FY 2011.

FEDERAL HUMAN CAPITAL SURVEY FINDINGS

Twenty-six out of 28 employees participated in this year's survey, for a 93% response rate. This is up from 81.5% in 2008. The 2009 survey shows that the agency scored very high (i.e., greater than 65% favorable - Strongly Agree/Agree or Very Satisfied/Satisfied) on the majority of the items for questions measuring satisfaction with: (i) personal work experiences; (ii) recruitment, development, and retention; as well as (iii) leadership. Access Board employees are highly satisfied with their work; they think that managers communicate the goals and priorities of the agency; and they understand well how their work is related to the agency's goals and priorities.

On the other hand, the lowest scores were obtained on the items measuring performance culture, especially on the items concerning management of poor and high performers. Of the 40 questions, seven received low ratings (where less than 50 percent of respondents selected "agreed/satisfied" or "strongly agreed/very satisfied"). Two items on training and promotion opportunity had low favorability. However, this year's scores for training and promotion are an improvement over last year's. Below are more details on the survey results.

Personal Work Experiences: The Access Board continues to do well in this area. Most (over 70 percent) of the staff members report that they like the kind work they do, their work gives them a feeling of personal accomplishment, the people they work with cooperate to get the job done, and they trust and have confidence in their supervisors.

Recruitment, Development, and Retention: Five out of 8 items in this section were very positively rated (i.e., greater than 65% responding "Strongly Agree/Agree" or "Very Satisfied/Satisfied") For example, the staff members believe that the work they do is important and they know how their work relates to the agency's goals and priorities. The three items that received low ratings of 60% or less responding positively are: (i) "My training needs are assessed"; (ii) "My work unit is able to recruit people with the right skills"; and (iii) "My talents are used well in the work place". Compared to last year's results, this year's scores for these three items are an improvement (over 10 percentage points).

Performance Culture: Most items in this section generally received lower ratings, compared to the items in other sections. Only a minority (less than 40 percent) of the respondents report they agree or strongly agree with the statements such as: "Promotions in my work unit are based in merit"; "In my work unit, steps are taken to deal with a poor performer who cannot or will not improve"; and "In my work unit, differences in performance are recognized in a meaningful way". While the scores in this area are lower than those in other areas, this year's scores for performance culture items are a great improvement over last year's.

Leadership: Many items in this area received favorable ratings. A few got lower scores this year than last year. There are noticeable decreases of 15 percent or more from last year's scores for two items: "My workload is reasonable" and "My organization has prepared employees for potential security threats". On a positive side, the item stating "managers communicate the goals and priorities of the organization" received much more favorable ratings this year than last year.

Job Satisfaction: Eight items in this area got mixed results. Over 80 percent of the staff members report that considering everything, they are satisfied or very satisfied with their job and pay, whereas less than 30 percent of the staff member are satisfied or very satisfied with their opportunity to get a better job in the organization. It is interesting to note that 19 percent more staff members report their satisfaction with pay this year than last year.

We have already surveyed staff to determine what professional development training they would like and we are working to ensure that as many staff as possible can benefit from the training they have identified. Additionally, we will revisit our security and emergency evacuation procedures and have plans to institute a new instant communication messaging system to alert staff when the offices are closed or if there are other emergencies in the office.

APPENDIX A

COST DISCUSSION

Fiscal Year 2011

Public Law 111-117 provided the Board with $7,300,000 in spending authority for Fiscal Year 2010. The Board is requesting a total budget authority in FY 2011 of $7,300,000.

PERSONNEL

FY 2010 $4,469,800
FY 2011 $4,577,700

We anticipate the Board will use 29.5 FTE in FY 2010 and 30.5 FTE in 2011. In 2010 we will fill the vacancy created when the Director of Technical and Information Services (OTIS) was promoted to the Executive Director position, fill a vacancy created by a staff member who retired, and add a technical writer to augment our rulemaking capacity. Although the number of FTE will increase by one in FY 2011, we do not expect an increase in salary expenditures, since the OTIS Director and the retiring employee will be replaced at a lower grade than their predecessors.

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 will pay the salaries of 2 public Board members to attend 7 meetings lasting 2 days each.

We have calculated benefits (including the transit subsidy) 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 2010 $ 390,400
FY 2011 $ 307,100

The largest portion of our travel budget is devoted to the cost of travel for 13 public Board members. In FY 2011 we expect to achieve a savings on our travel expenses for Board meetings due to not having to pay for audio visual equipment at hotels and by reducing food and beverage costs by not using hotel space for most of our meetings. We contract with a certified court reporter to provide transcripts of all Board and most advisory committee meetings and provide real time transcription as a job accommodation for a Board member. We provide sign language interpreters at all Board and most advisory committee meetings at a cost of approximately $750 per day.

RENT

FY 2010 $ 762,900
FY 2011 $ 682,600

The Access Board is in the process of acquiring additional space for the purpose of providing conference space for its five in-town Board meetings and for advisory committee meetings, public forums, and other large meetings. In FY 2010, we will incur the costs for the build out of the space, which should be completed and ready for occupancy around May 1, 2010; in FY 2011 this line item decreases since the initial build out costs will have already been paid for. The rent may decrease slightly if we are able to share the cost of the new space with other agencies (we have an informal agreement with the National Council on Disability). The acquisition of this additional space will ensure that the Access Board's meetings are fully accessible to people with disabilities, which is imperative, given the agency's mission. Our rent is set by the General Services Administration.

RESEARCH

FY 2010 $ 400,000
FY 2011 $ 400,000

Contracting for research to assist in our guideline development and to provide technical assistance materials is crucial to the Board's mission. Funds are also used to conduct required regulatory assessments for our rulemaking.

FACILITATOR/CONTRACTORS

FY 2010 $ 140,000
FY 2011 $ 119,000

We use contractors to assist the Board in benchmarking performance measures and in other activities such as improving the electronic distribution of electronic media, ensuring compliance with Federal requirements for the management of official records, technology consulting services, and having compliant Federal Personal Identity Verifications under HSPD-12.

ADMINISTRATIVE SUPPORT SERVICES

FY 2010 $ 454,300
FY 2011 $ 476,500

The Board contracts with the Bureau of Public Debt in the Department of the Treasury to provide procurement, financial, payroll, and personnel services.

INFORMATION TECHNOLOGY SUPPORT SERVICES

FY 2010 $ 448,300
FY 2011 $ 499,700

This is the yearly cost of the Board's telephone and desktop computing needs - the desktop computers, assistive technology, local area network server, software, printers, maintenance and support services, including website hosting and internet service. In January 2010, the Access Board will be completing a 10-year contract for computers, telephones, software, information technology (IT) security, and hosting of our web site. The 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. We are planning a redesign of our website in FY 2011; we anticipate an expenditure of approximately $100,000 to complete the work.

PRINTING

FY 2010 $ 60,000
FY 2011 $ 60,000

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 and 5 rules in FY 2011 (this does not reflect rulemaking for medical diagnostic equipment).

MISCELLANEOUS OPERATING EXPENSES

FY 2010 $ 174,300
FY 2011 $ 177,400

Expenditures in this category include postage for the publications we send out to our customers, Federal Express for mailing meeting materials to Board members, in-town delivery service, and the rental of two postage meters. Our phone system costs are included here too and include costs for our toll-free lines and local calls. Other items in this category include printing our final rules in the Code of Federal Regulations, staff training, and mailing costs for our bimonthly newsletter, Access Currents. Other costs include maintenance contracts for our office entry and security system and a copier. We contract with the Department of the Interior to provide services for the mandatory drug testing program. Other expenditures are for 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. Our yearly financial audit is included along with book purchases for our library collection of accessible design materials, office supplies, and equipment purchases.

RECEIPTS FOR PUBLICATIONS AND TRAINING

We expect to receive $43,650 in FY 2010 and 2011 in reimbursements for travel associated with training and for the sale of bulk publications. P.L. 111-117 provides that there may be credited to the Board's appropriation, funds received for publications and training expenses.

APPENDIX B

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
January 2010

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 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). In October 2009 the Board released draft final guidelines for public comment. Approximately 80 comments were received. 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
• draft final rule - October 19, 2009

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 included 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. In June 2008, we published revised draft guidelines for the purpose of holding information meetings to collect data necessary for a regulatory assessment. Meetings were held in August 2008 to collect this data.

• 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
• revised draft guidelines for large vessels, ferries, and tenders - June 26, 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. 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 (10/19/09)

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). (6/26/08)
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: ANPRM

revised February 2, 2010
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
January 2010

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 February 2, 2010

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
January 2010

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. 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.

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

APPENDIX D