Board
Advances Rulemaking on Outdoor Sites and Rights-of-Way
The
Board continues to make progress on guidelines it is developing or updating in
a variety of areas. At its January meeting, the Board approved the text of
final guidelines for Federal outdoor developed areas and the text of proposed
guidelines for accessible public rights-of-ways. The Board will proceed with
the remaining steps that must be completed before these guidelines can be
published, including adding figures and advisory notes, drafting companion
discussions of the rules, and preparing cost impact assessments. At the same
time, work will proceed on several other rulemaking initiatives.
Final
Guidelines for Federal Outdoor Developed Areas
The
guidelines for outdoor developed areas will cover access to trails, beach
access routes, and picnic and camping areas on sites managed by the Federal
government. They will address how, and to what extent, access can be achieved
in light of challenges and constraints posed by terrain, the degree of
development, construction practices and materials, and other factors. The
Board is finalizing the guidelines based on input received from the public on a
proposed version published in 2007. In response to the proposed guidelines,
the Board received comments from Federal land management agencies, professional
and trade groups, individuals with disabilities, disability groups, trail and
park operators and designers, and state and local parks and recreation
agencies. The comments addressed all sections of the proposed guidelines, including
provisions covering trails and outdoor recreation access routes, beach access
routes, picnic areas, and camp sites, and called attention to compliance
concerns and areas where further guidance is needed.
Proposed
Guidelines for Public Rights-of-Way
The
Board's guidelines for public rights-of-way will cover access to sidewalks and
streets, including street crossings, access for pedestrians with vision
impairments, on-street parking, and constraints posed by terrain and space
limitations, among other topics. The Board previously released drafts of the
guidelines for public input but must follow up with an official proposal and
comment period before the guidelines can be finalized. In addition to the
feedback received on earlier drafts, the upcoming proposal will incorporate
information gained through close coordination with counterpart agencies and
research on rights-of-way issues the Board has sponsored or promoted. The
proposed guidelines also will be responsive to issues further identified through
the Board's extensive outreach and training program on rights-of-way
accessibility.
Other
Rulemaking Initiatives
Other
Board rulemaking efforts include new guidelines for passenger vessels, updates
to guidelines for transportation vehicles, and a joint refresh of the section
508 standards for electronic and information technology and guidelines for
telecommunications products issued under the Telecommunications Act. In
addition, the Board plans to develop supplements to its facility guidelines that
will incorporate provisions specific to emergency transportable housing.
Further information on these rulemakings is available on the Board's website at
www.access-board.gov.
DOJ
Postpones Review of Updated ADA Regulations
The
U.S. Department of Justice (DOJ) has delayed publication of updated final
regulations under the Americans with Disabilities Act (ADA) due to the
presidential transition. DOJ, which had submitted the new regulations to the
Office of Management and Budget for review and clearance in early December,
withdrew its submission in response to a memorandum from the Obama
Administration directing Federal agencies to postpone publication of any new
regulations until incoming administration officials have had an opportunity to
review them. According to a statement posted on DOJ's website at www.ada.gov/ADAregswithdraw09.htm,
"No final action will be taken by the Department with respect to these rules
until the incoming officials have had the opportunity to review the rulemaking
record... Withdrawal of the draft final rules does not affect existing ADA
regulations."
DOJ's
rulemaking will update regulations for state and local governments under title
II of the ADA and regulations for places of public accommodation and commercial
facilities covered by title III. Last June, DOJ published proposed changes to
these regulations for public comment. As part of this update, DOJ intends to
adopt new accessibility standards based on guidelines issued by the Board. DOJ
also proposed updates to sections of the regulations covering existing
facilities, service animals, policies and programs, maintenance of accessible
features, auxiliary aids and services, effective communication, and other
topics. DOJ has not yet indicated a timeframe for resubmitting the final
rules. DOJ's existing ADA regulations, including the standards they contain or
reference, remain in effect.
Updated
ADA standards are in effect for transportation facilities subject to
regulations issued by the U.S. Department of Transportation. Similar standards
are also in place for most federally funded facilities under the Architectural
Barriers Act (ABA), except housing which remains subject to earlier standards.
Further information on the status of ADA and ABA standards is available on the
Board's website at www.access-board.gov/ada-aba/guide.htm.
Input
Received on Draft Updates to Guidelines for Buses and Vans
Last
November, the Board released draft updates to its ADA Accessibility Guidelines
for buses and vans to gather feedback from the public. By the close of the
comment period on January 20th, the Board had received comments from trade
associations, disability groups, consumers, transit operators and authorities,
researchers, and manufacturers of buses and vehicle components, including
lifts, seats, and wheelchair securement systems.
Commenters
addressed a range of provisions in the draft as well as questions posed by the
Board, including those pertaining to boarding devices, level boarding,
automated stop announcement systems, wheelchair spaces and securement,
circulation routes, and bus stops. In particular, comments focused on
retaining a definition of the types of wheelchairs that must be accommodated by
accessible vehicles, revisions to specifications for vehicle lifts and ramps,
new requirements for bus stop announcements, criteria for wheelchair
positioning and securement systems, including head rests, and onboard
accessible routes. The comments and related information on this rulemaking can
be viewed on the Board's website at www.access-board.gov/transit/.
The
Board will use this input to refine a proposed set of updated guidelines.
Updates to other sections of the vehicle guidelines, including those covering
rail cars and other modes of public transportation, will be released at a later
date.
Board
Continues Outreach on Public Rights-of-Way Accessibility
As
work on new rights-of-way guidelines progresses, the Board remains committed to
an active outreach program to provide interim guidance on achieving accessible
streetscapes. The Board regularly delivers training, technical assistance,
and resources on the topic, often in partnership with various organizations,
including professional associations, advocacy groups, and counterpart
agencies. Most recently, the Board conducted a series of trainings for the Michigan
Department of Transportation as part of a course developed by the Association
of Pedestrian and Bicycle Professionals. The Board also provides training
programs of its own upon request at different locations across the country.
Training sessions, which range from hour-long workshops to full day programs,
are targeted to the needs and interests of each audience.
Individualized
guidance is available from the Board as well. A number of state and local
transportation departments have met with the Board for input on accessibility
planning and programming. The Board also routinely provides one-on-one
technical assistance on specific projects or accessibility issues through its
help line. For technical assistance on rights-of-way accessibility, contact
the Board at (800) 872-2253 (v), (800) 993-2822 (TTY), or row@access-board.gov. Training requests
should be directed to Peggy Greenwell, the Board's training coordinator at training@access-board.gov, (202)
272-0017 (v), or (202) 272-0082 (TTY). In addition, various resources on
rights-of-way accessibility are available free on the Board's website at www.access-board.gov/prowac/,
including a guide on improvement projects, Accessible Public Rights-of-Way:
Planning and Designing for Alterations, a video series demonstrating access
issues, and bulletins developed through research on accessible pedestrian
signals, roundabouts, and other topics.
Workshop
Explores Standards for Emergency Preparedness
The
American National Standards Institute (ANSI), an organization that supports
development of a wide range of consensus standards, is exploring coverage of
emergency preparedness for people with disabilities. This effort is being led
by the ANSI Homeland Security Standards Panel (HSSP) which was organized
several years ago to facilitate, coordinate, and promote development of
voluntary standards that are responsive to homeland security needs. In early
February, the ANSI-HSSP held a workshop on the topic in Washington, D.C. at
Gallaudet University. Organized in collaboration with the National
Organization on Disability and the National Fire Protection Association, the event
focused on the need for standards covering accessible evacuation and relocation
of people with disabilities in emergencies and disasters. Through panel
discussions and breakout sessions, invited experts surveyed the current
landscape to indentify gaps in coverage relating to the built environment and
to evacuation equipment, planning, and procedures.
In
opening remarks, ANSI President and CEO S. Joe Bhatia and Access Board
Executive Director David Capozzi outlined the focus and goals of the workshop.
The workshop featured presentations and roundtable discussions on the
population of people with disabilities, accessible evacuation procedures and
needs, the results of case studies, and a survey of relevant standards.
Participants included representatives from the Board and other Federal
agencies, the codes and life safety communities, disability groups, and other
stakeholders. Open forums provided an opportunity for input from the public.
The results of the workshop will be used by the ANSI-HSSP to advance the
development of standards. For further information, contact Jessica Carl,
ANSI-HSSP program administrator, at jcarl@ansi.org
or (212) 642.4903, or visit ANSI's website at www.ansi.org.
ADA
Amendments Act Takes Effect
Amendments
to the Americans with Disabilities Act (ADA) signed into law last fall became
effective January 1st. The "ADA Amendments Act of 2008" revises the definition
of "disability" to more broadly encompass impairments that substantially limit
a major life activity. The Equal Employment Opportunity Commission (EEOC),
which regulates and enforces requirements of the ADA covering employment and
hiring practices, will revise definitions in its ADA regulations under the new
amendments. For further information, visit EEOC's website at www.eeoc.gov. In addition, the Office of
Disability Employment Policy, through its Job Accommodation Network, has
released additional information on the effect of the amendments that is
available online at www.jan.wvu.edu/bulletins/adaaa1.htm.
A complete copy of the ADA as amended is posted on the Board's website at www.access-board.gov/about/laws/ADA.htm.
Census
Bureau Releases New Data on the Population of People with Disabilities
Newly
released estimates from the U.S. Census Bureau indicate that the population of
people with disabilities is increasing. A total of 54.4 million Americans (19%
of the population) is estimated as having some level of disability based on the
Bureau's 2005 Survey of Income and Program Participation which is used to
develop national-level estimates. Of this total, 35 million were classified as
having a severe disability. These latest figures represent an increase from
the results of a previous survey of 2002 data (51.2 million or 18%). The
study, "Americans with Disabilities: 2005," also found that among people 15 and
older, 10.2 million use canes, crutches, or walkers, and 3.3 million use
wheeled mobility aids. An estimated 7.8 million are reported to have
difficulty hearing a normal conversation, including 1 million without any
hearing. Another 7.8 million are estimated to have difficulty seeing ordinary
newspaper print, including 1.8 million without any vision. Other findings from
the survey indicate that over 16 million people have a cognitive, mental, or
emotional disability and that over 5.4 million children under age 15 have some
type of disability. For more information on the study, visit the Bureau's
website at www.census.gov/Press-Release/www/releases/archives/income_wealth/013041.html.
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