## ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD FY 2013 Regulatory Plan

Statement of Regulatory and Deregulatory Priorities

The Architectural and Transportation Barriers Compliance Board (Access Board) is an independent federal agency established by section 502 of the Rehabilitation Act (29 U.S.C. 792). The Access Board is responsible for developing accessibility guidelines and standards under various laws to ensure that individuals with disabilities have access to and use of buildings and facilities, transportation vehicles, and information and communication technology. Other federal agencies adopt the accessibility guidelines and standards issued by the Access Board as mandatory requirements for entities under their jurisdiction.

The Access Board is engaged in a number of regulatory efforts to promote accessibility that are reflected in the agency’s regulatory agenda for FY 2013. This plan highlights three regulatory priorities for the Access Board in FY 2013: (A) Passenger Vessel Accessibility Guidelines; (B) Information and Communication Technology Standards and Guidelines; and (C) Accessibility Standards for Medical Diagnostic Equipment.

Each of these regulatory priorities is expected to provide significant benefits to citizens. By promoting equality of opportunity, the proposed regulations would enable individuals with disabilities to achieve greater participation in our society, independent living, and economic self-sufficiency. Each highlighted proposal promotes our national values of equity, human dignity, and fairness, the benefits of which are impossible to monetize.

In addition, the Information and Communication Technology Standards and Guidelines would also promote open government for all people, regardless of disability status, by providing federal agencies with standards to ensure that when they procure, develop, maintain or use electronic and information technology, that citizens and employees who are individuals with disabilities have access to and use of

## information and data that is comparable to the access to and use of the information and data by others

without disabilities.

The Access Board expects that the Information and Communication Technology Standards and Guidelines will have international impacts, and we have incorporated into our rulemaking process extensive outreach efforts to industry representatives, disability groups, standard-setting bodies in the U.S. and abroad such as the World Wide Web Consortium, and other countries such as representatives from the European Commission, Canada, Australia, and Japan.

These three initiatives are summarized below.

A. A m ericans with Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels (RIN 3014 –AA11)

The Access Board plans to issue an NPRM requesting public comment on the proposed accessibility guidelines for passenger vessels, pursuant to Section 504 of the Americans with Disabilities Act (ADA). Passenger vessels may include certain types of cruise ships, excursion vessels, ferries, and tenders. The Access Board published an advance notice of proposed rulemaking in 2004, and made drafts of the guidelines available for public review and comment in 2004 and 2006. The U.S. Department of Transportation (DOT) and U.S. Department of Justice (DOJ) are required to issue accessibility standards for the construction and alteration of passenger vessels covered by the ADA that are consistent with the guidelines issued by the Access Board. When DOT and DOJ issue accessibility standards, vessel owners and operators are required to comply with the standards. The proposed guidelines would apply to the construction and alteration of passenger vessels; they would not require existing passenger vessels to be retrofitted. The proposed guidelines

wo u l d contain scoping and technical provisions. Scoping provisions specify what passenger vessel features would be required to be accessible and, where multiple features of the same type

## are provided, how many of the features would be required to be accessible. Technical provisions

specify the design criteria for accessible features. The passenger vessel features addressed by the scoping and technical provisions include onboard accessible routes connecting passenger decks and passenger amenities, accessible means of escape, doors and thresholds or coamings, toilet rooms, wheelchair spaces in assembly areas and transportation seating areas, assistive listening systems, and guest rooms and other spaces and facilities used by passengers.

A.1 Statement of Need: Section 504 of the Americans with Disabilities Act (ADA) requires the Access Board to issue accessibility guidelines for the construction and alteration of passenger vessels covered by the law to ensure that the vessels are readily accessible to and usable by individuals with disabilities (42 U.S.C. 12204).

A.2 Summary of the Legal Basis: Title II of the ADA applies to state and local governments and Title III of the ADA applies to places of public accommodation operated by private entities. The ADA covers designated public transportation services provided by state and local governments and specified public transportation services provided by private entities that are primarily engaged in the business of transporting people and whose operations affect commerce. (See 42 U.S.C. 12141 to 12147 and 12184.) Passenger vessels that provide designated public transportation services or specified public transportation services such as ferries and excursion vessels, and passenger vessels that are places of public accommodation such as vessels that provide dinner or sightseeing cruises are covered by the ADA.

Titles II and III of the ADA require the DOT and DOJ to issue accessibility standards for the construction and alteration of passenger vessels covered by the law that are consistent with the guidelines issued by the Access Board. (See 42 U.S.C. 12134 (c), 12149 (b), and 12186 (c).) The DOT has reserved a subpart in its ADA regulations for accessibility standards for passenger vessels in anticipation of the Access Board issuing these guidelines. (See 49 CFR part 39, subpart E.) When DOT and DOJ issue accessibility standards for the construction and alteration

## of passenger vessels covered by the ADA, vessel owners and operators are required to comply

with the standards.

A.3 Alternatives: In developing the proposed accessibility guidelines, the Access Board has received and considered extensive input from passenger vessel owners and operators, individuals with disabilities, and other interested parties for more than a decade. The Access Board convened an advisory committee comprised of passenger vessel industry trade groups, passenger vessel owners and operators, disability advocacy groups, and state and local government agencies to advise how to develop the accessibility guidelines. The committee submitted its report to the Access Board in 2000. In addition, over the years, the Access Board issued an ANPRM and three versions of draft accessibility guidelines and conducted in-depth case studies on various passenger vessels. The Access Board solicited and analyzed public comments on these documents in developing the proposed guidelines and regulatory impact analysis. All the published documents together with public comments are available on the Access Board’s website at: http://www.access-board.gov / pvaac/

.

A.4 Anticipated Costs and Benefits: The anticipated compliance costs for certain types of vessels would include: (1) the difference between the cost of constructing a vessel in the absence of the proposed guidelines and the cost of constructing a vessel complying with the guidelines and (2) the additional operation and maintenance costs incurred by vessel owners and operators as a result of complying with the guidelines. For certain large cruise ships, the compliance costs would be estimated based on the number of standard guest rooms and revenues that would be lost when the cruise ships would be replaced by new vessels complying with the proposed guidelines. According to the cruise industry, two guest rooms with mobility features occupy the same square footage as three standard guest rooms resulting in the loss of one standard guest room for every two guest rooms with mobility features. The Board’s preliminary estimate of the cost of the draft proposed rule they range from $4 million in 2013 to $45 million in 2012 discounted at 7 percent. The estimate for 2012 is higher than any other year because the

## methodology assumes that existing vessels would be replaced at the end of their expected

service life and a large number of existing vessels are beyond their expect service life so a disproportionate share of the compliance costs are front loaded in the first year.

The Board has not quantified the benefits of the proposed guidelines, but they would afford individuals with disabilities the opportunity to travel on passenger vessels for employment, transportation, public accommodation, and leisure. By promoting equality of opportunity, the proposed guidelines would afford individuals with disabilities to achieve greater participation in our society, independent living, and economic self-sufficiency. The proposed guidelines would promote our national values of equity, human dignity, and fairness, the benefits of which are impossible to quantify.

B. Information and Communication Technology Standards and Guidelines (RIN: 3014-AA37)

The Access Board plans to issue an NPRM to update its standards for electronic and information technology covered by section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794(d)) (Section 508) and its guidelines for telecommunication products and equipment covered by section 255 of the Telecommunications Act of 1996 (47 U.S.C. 153, 255) (Section 255).

The Board published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register in March 2010, 75 FR 13457 (March 22, 2010). The Board held two public hearings and received 384 comments on the 2010 ANPRM and prepared a 2011 ANPRM based on a review of those comments. The 2011 ANPRM was published in the Federal Register in December 2011, 76 FR 76640 (December 8, 2011), and the Access Board held public hearings on January 11, 2012 and March 1, 2012. The Access Board is currently preparing an NPRM based on public

comments on the 2011 ANPRM.

## B.1 Statement of Need : The Board issued the Electronic and Information Technology

Accessibility Standards in December 2000, (65 FR 80500, December 21, 2000), and the Telecommunications Act Accessibility Guidelines for telecommunications equipment and customer premises equipment in February 1998 (63 FR 5608, February 3, 1998). Since these standards and the guidelines were issued, technology has evolved and changed. Telecommunications products and electronic and information technology products have converged. For example, smartphones can perform many of the same functions as computers. Real time text technologies and video relay services are replacing TTY’s (text telephones). The Board has since decided to update and revise these guidelines and the standards together to address changes in technology and to make both documents consistent.

B.2 Summary of the Legal Basis: Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (d) (Section 508) requires that when developing, procuring, maintaining, or using electronic and information technology, each federal department or agency must ensure, unless an undue burden would be imposed on the department or agency, that electronic and information technology (regardless of the type of medium) allows individuals with disabilities to have access to and use of information and data that is comparable to the access and use of the information and data by others without disabilities. Section 255 of the Telecommunications Act of 1996, 47 U.S.C. 153, 255 (Section 255) requires telecommunications manufacturers to ensure that telecommunications equipment and customer premises equipment are designed, developed, and fabricated to be accessible to and usable by individuals with disabilities when it is readily

achievable to do so.

Section 508 and Section 255 require that the Access Board periodically review and, as appropriate, amend the standards and guidelines to reflect technological advances or changes in electronic and information technology or in telecommunications equipment and customer premises equipment. Once revised, the Board’s standards and guidelines are made enforceable

## by other federal agencies. Section 508(a)(3) of the Rehabilitation Act provides that within 6

months after the Access Board revises its standards, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation and each appropriate federal department or agency shall revise their procurement policies and directives, as necessary, to incorporate the

revisions.

B.3 Alternatives: In developing the ANPRMs, the Board has solicited various stakeholders’ views and practices. The Access Board formed the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) in 2006 to review the existing guidelinesand standards and to recommend changes. TEITAC’s 41 members comprised a broad crosssection of stakeholders, including representatives from industry, disability groups, and a number of government agencies in the U.S. and abroad -- the European Commission, Canada, Australia, and Japan. Recognizing the importance of standardization across markets worldwide, TEITAC coordinated its work with standard-setting bodies in the U.S. and abroad, such as the World Wide Web Consortium (W3C). TEITAC members addressed a range of issues, including new or convergent technologies, market forces, and international harmonization. On April 3, 2008, TEITAC presented its report to the Board. The report recommended revisions to the Board’s Section 508 standards and Section 255 guidelines. The report is available on the Board’s website at www.access-board.gov/sec508/refresh/report/.

B.4 Anticipated Costs and Benefits:

The Access Board is seeking input from the public on costs and benefits associated with the standards, and working with an outside contractor to assess costs and benefits associated with the proposed rule and to support the preliminary regulatory impact assessment that will accompany the proposed rule.

## The Information and Communication Technology Standards and Guidelines will promote open

government for all people, regardless of disability status, by providing federal agencies with standards to ensure that when they procure, develop, maintain or use electronic and information technology, that citizens and employees who are individuals with disabilities have access to and use of information and data that is comparable to the access to and use of the information and data by others without disabilities.

The Access Board expects that the Information and Communication Technology Standards and Guidelines will have international impacts. Accordingly, the agency has incorporated into its rulemaking process extensive outreach efforts to include industry representatives, disability groups, standard-setting bodies in the U.S. and abroad such as the World Wide Web Consortium, and other countries such as representatives from the European Commission, Canada, Australia, and Japan.

C. Accessibility Standards for Medical Diagnostic Equ ip m ent (RIN: 3014-AA40).

The Access Board plans to issue a final rule establishing accessibility standards for medical diagnostic equipment used in or in conjunction with medical settings such as physicians' offices, clinics, emergency rooms, and hospitals pursuant to Section 510 of the Rehabilitation Act (29 U.S.C. 794f).

The Access Board published its NPRM with proposed accessibility standards for notice and comment in the Federal Register on February 9, 2012, 77 FR 6916. The Access Board’s NPRM includes technical design criteria concerning medical equipment that is commonly used by health professionals for diagnostic purposes such as examination tables, examination chairs, weight scales, mammography equipment, and other imaging. The NPRM is available at: http://www.access-board.gov/mde/nprm.htm. Since the NPRM publication, the Access Board

## held two public hearings, on March 14, 2012 and May 8, 2012; the comment period closed on

June 8, 2012.

C.1 Statement of Need: Under section 510 of the Rehabilitation Act (29 U.S.C. 794f), the Access Board, in consultation with the Commissioner of the Food and Drug Administration, is required to issue standards that contain minimum technical criteria to ensure that medical diagnostic equipment used in or in conjunction with medical settings such as physicians' offices, clinics, emergency rooms, and hospitals are accessible to and usable by individuals with disabilities. The statute provides that the standards must allow for independent access to and use of the medical diagnostic equipment by individuals with disabilities to the maximum extent possible. Section 510 of the Rehabilitation Act requires the standards to be issued not later than 24 months after the enactment of the Patient Protection and Affordable Care Act (P. L. 111-148, 124 Stat. 570). The statutory deadline for issuing the standards was March 23, 2012.

C.2 Summary of the Legal Basis: Section 4203 of the Patient Protection and Affordable Care Act (Pub. L. 111-148, 124 Stat. 570) amended title V of the Rehabilitation Act, which establishes rights and protections for individuals with disabilities, by adding section 510.

C.3 A l ternatives: In developing the NPRM, the Access Board has considered and will continue to consider alternatives proposed by a variety of stakeholders. First, the Access Board considered approaches contained in the Association for the Advancement of Medical Instrumentation's ANSI/AAMI HE 75:2009, "Human factors engineering-Design of medical devices" in developing the proposed standards. ANSI/AAMI HE 75 is a recommended practice that provides guidance on human factors design principles for medical devices. In particular, Chapter 16 of ANSI/AAMI HE 75 provides guidance on accessibility for patients and health care professionals with disabilities (Chapter 16 of ANSI/AAMI HE 75 is available at: http://www.aami.org/he75/). The Access Board’s proposed standards do not reference the guidance in chapter16 of ANSI/AAMI HE 75 because the guidance is not mandatory. The Access Board seeks to harmonize its

## standards and guidelines with voluntary consensus standards and plans to participate in future

revisions to ANSI/AAMI HE 75.

In addition, the Access Board has consulted closely with the Department of Justice and the Food and Drug Administration in the development of the proposed standards, and plans to continue to work closely with them in the development of the final rule. The Access Board has also established an Advisory Committee to make recommendations to the Board on how to address issues raised in the public comments on the proposed rule.

C.4 Anticipated Costs and Benefits: The proposed standards address many of the barriers that have been identified as affecting the accessibility and usability of diagnostic equipment by individuals with disabilities. For example, the proposed standards would facilitate independent transfers by individuals with disabilities onto and off of diagnostic equipment, and enable them to maintain their independence, confidence, and dignity, lessening the need for health care personnel to assist individuals with disabilities when transferring on and off of diagnostic equipment. The proposed standards would improve the quality of health care for individuals with disabilities and ensure that they receive examinations, diagnostic procedures, and other health care services equal to those received by

individuals without disabilities.

The Access Board has prepared a preliminary regulatory assessment for the proposedstandards, which is available on the Access Board's web site at: http://www.accessboard.gov/medical-equipment.htm. The preliminary assessment compares costs of select medical diagnostic equipment with and without accessibility features in the market. The Access Board is seeking input from the public on costs and benefits associated with these proposed standards to support a final regulatory impact assessment that will accompany the final rule.

## Section 510 of the Rehabilitation Act does not address who is required to comply with the

standards. Compliance with the standards would not be mandatory unless other agencies adopt the standards as mandatory requirements for entities under their jurisdiction. In July 2010, the Department of Justice issued an advance notice of proposed rulemaking (ANPRM) announcing that it was considering amending its Americans with Disabilities Act (ADA) regulations to ensure that equipment and furniture are accessible to individuals with disabilities. See 75 FR 43452 (July 26, 2010). The ANPRM noted that the ADA has always required the provision of accessible equipment and furniture, and that the Department has entered into settlement agreements with medical care providers requiring them to provide accessible medical equipment. The ANPRM stated that when the Access Board has issued accessibility standards for medical diagnostic equipment, the Department would consider adopting the standards in its ADA regulations. The ANPRM also stated that if the Department adopts the Access Board's accessibility standards for medical diagnostic equipment, it would develop scoping requirements that specify the minimum number of accessible types of equipment required for different medical settings. At that time, the impact of scoping and application of the proposed standards can be more fully assessed.The 3 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage Americans With Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels 3014-AA11 Proposed Rule Stage Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards 3014-AA37 Proposed Rule Stage Accessibility Standards for Medical Diagnostic Equipment 3014-AA40 Final Rule Stage

Architectural and Transportation Barriers Compliance Board ( ATBCB ) RIN: 3014-AA11

View Related Documents

Title: Americans With Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels Abstract: This rulemaking would establish accessibility guidelines to ensure that newly constructed and altered passenger vessels covered by the Americans With Disabilities Act (ADA) are accessible to and usable by individuals with disabilities. The U.S. Department of Transportation and U.S. Department of Justice are expected to adopt the guidelines as enforceable standards in separate rulemakings for the construction and alteration of passenger vessels covered by the ADA.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 36 CFR 1196 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 12204, Americans With Disabilities Act of 1990 Legal Deadline: None

Regulatory Plan: Statement of Need: Section 504 of the Americans with Disabilities Act (ADA) requires the Access Board to issue accessibility guidelines for the construction and alteration of passenger vessels covered by the law to ensure that the vessels are readily accessible to and usable by individuals with disabilities (42 U.S.C. 12204). Legal Basis: Title II of the ADA applies to state and local governments and title III of the ADA applies to places of public accommodation operated by private entities. The ADA covers designated public transportation services provided by state and local governments and specified public transportation services provided by private entities that are primarily engaged in the business of transporting people and whose operations affect commerce. (See 42 U.S.C. 12141 to 12147 and 12184.) Passenger vessels that provide designated public transportation services or specified public transportation services such as ferries and excursion vessels, and passenger vessels that are places of public accommodation such as vessels that provide dinner or sightseeing cruises are covered by the ADA. Titles II and III of the ADA require the DOT and DOJ to issue accessibility standards for the construction and alteration of passenger vessels covered by the law that are consistent with the guidelines issued by the Access Board. (See 42 U.S.C. 12134 (c), 12149 (b), and 12186 (c).) The DOT has reserved a subpart in its ADA regulations for accessibility standards for passenger vessels in anticipation of the Access Board issuing these guidelines. (See 49 CFR part 39, subpart E.) When DOT and DOJ issue accessibility standards for the construction and alteration of passenger vessels covered by the ADA, vessel owners and operators are required to comply with the standards.

Alternatives: In developing the proposed accessibility guidelines, the Access Board has received and considered extensive input from passenger vessel owners and operators, individuals with disabilities, and other interested parties for more than a decade. The Access Board convened an advisory committee comprised of passenger vessel industry trade groups, passenger vessel owners and operators, disability advocacy groups, and state and local government agencies to advise how to develop the accessibility guidelines. The committee submitted its report to the Access Board in 2000. In addition, over the years, the Access Board issued an ANPRM and three versions of draft accessibility guidelines and conducted in-depth case studies on various passenger vessels. The Access Board solicited and analyzed public comments on these documents in developing the proposed guidelines and regulatory impact analysis. All the published documents together with public comments are available on the Access Board's website at: http://www.access-board.gov/pvaac/.

Costs and Benefits: The compliance costs for certain types of vessels would include: (1) the difference between the cost of constructing a vessel in the absence of the proposed guidelines and the cost of constructing a vessel complying with the guidelines and (2) the additional operation and maintenance costs incurred by vessel owners and operators as a result of complying with the guidelines. For certain large cruise ships, the compliance costs would be estimated based on the number of standard guest rooms and revenues that would be lost when the cruise ships would be replaced by new vessels complying with the proposed guidelines. According to the cruise industry, two guest rooms with mobility features occupy the same square footage as three standard guest rooms resulting in the loss of one standard guest room for every two guest rooms with mobilityfeatures. The Board's preliminary estimate of the cost of the draft proposed rule they range from $4 million in 2013 to $45 million in 2012 discounted at 7 percent. The estimate for 2012 is higher than any other year because the methodology assumes that existing vessels would be replaced at the end of their expected service life and a large number of existing vessels are beyond their expect service life so a disproportionate share of the compliance costs are front loaded in the first year. The proposed guidelines would afford individuals with disabilities the opportunity to travel on passenger vessels for employment, transportation, public accommodation, and leisure. By promoting equality of opportunity, the proposed guidelines would afford individuals with disabilities to achieve greater participation in our society, independent living, and economic self-sufficiency. The proposed guidelines promote our national values of equity, human dignity, and fairness, the benefits of which are impossible to quantify.

Risks: Timetable: Action Date FR Cite Notice of Intent to Establish Advisory Committee 03/30/1998 63 FR 15175 Establishment of Advisory Committee 08/12/1998 63 FR 43136 Availability of Draft Guidelines 11/26/2004 69 FR 69244 ANPRM 11/26/2004 69 FR 69246 Comment Period Extended 03/22/2005 70 FR 14435 ANPRM Comment Period End 07/28/2005 Availability of Draft Guidelines 07/07/2006 71 FR 38563 Notice of Intent to Establish Advisory Committee 06/25/2007 72 FR 34653 Establishment of Advisory Committee 08/13/2007 72 FR 45200 NPRM 03/00/2013

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions Government Levels Affected: Local; State

Federalism: Yes RIN Information URL: www.access-board.gov/pvacc/index.htm Public Comment URL: www.regulations.gov Agency Contact: James Raggio General Counsel Architectural and Transportation Barriers Compliance Board 1331 F Street NW., Suite 1000, Washington, DC 20004-1111 Washington , DC 20004-1111 Phone: 202 272-0040 TDD Phone: 202 272-0062 FAX: 202 272-0081 E-Mail: raggio@access-board.gov

Architectural and Transportation Barriers Compliance Board ( ATBCB ) RIN: 3014-AA37

View Related Documents

Title: Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards Abstract: This rulemaking would update in a single document the accessibility guidelines for telecommunication equipment and customer premises equipment issued in 1998 under section 255 of the Telecommunications Act of 1966, and the accessibility standards for electronic and information technology issued in 2000 under section 508 of the Rehabilitation Act of 1973, as amended. Section 255 of the Telecommunications Act requires manufacturers of telecommunication equipment and customer premises equipment to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Section 508 of the Rehabilitation Act requires Federal agencies to ensure that electronic and information technology developed, procured, maintained, or used by the agencies allows individuals with disabilities to have comparable access to and use of information and data as afforded others who are not individuals with disabilities, unless an undue burden would be imposed on the Federal agency. The Federal Communications Commission has issued regulations (47 CFR parts 6 and 7) implementing Section 255 of the Telecommunications Act that are consistent with the accessibility guidelines for telecommunication equipment and customer premises equipment. The Federal Acquisition Regulatory Council has incorporated the accessibility standards for electronic and information technology in the Federal Acquisition Regulation (48 CFR Chapter 1). The Federal Communications Commission and Federal Acquisition Regulatory Council are expected to update their regulations in separate rulemakings when the accessibility guidelines for telecommunication equipment and customer premises equipment and accessibility standards for electronic and information technology are updated.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 36 CFR 1193; 36 CFR 1194 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 47 USC 255(e); 29 USC 794(d) Legal Deadline: NoneRegulatory Plan: Statement of Need: Since the Access Board first issued the standards and the guidelines, technology has evolved and changed. The Board issued the (Section 508) Electronic and Information Technology Accessibility Standards in December 2000, 65 FR 80500 (December 21, 2000), and the Telecommunications Act Accessibility Guidelines for telecommunications equipment and customer premises equipment in February 1998, 63 FR 5608 (February 3, 1998). The Board has since decided to update and revise these guidelines and the standards together to address changes in technology and to make both documents consistent. Legal Basis: Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (d) (Section 508) requires that when developing, procuring, maintaining, or using electronic and information technology, each federal department or agency must ensure, unless an undue burden would be imposed on the department or agency, that electronic and information technology (regardless of the type of medium) allows individuals with disabilities to have access to and use of information and data that is comparable to the access and use of the information and data by others without disabilities. Section 255 of the Telecommunications Act of 1996, 47 U.S.C. 153, 255 (Section 255) requires telecommunications manufacturers to ensure that telecommunications equipment and customer premises equipment are designed, developed, and fabricated to be accessible to and usable by individuals with disabilities when it is readily achievable to do so.

Alternatives: In developing the ANPRMs, the Board has solicited various stakeholders' views and practices. The Access Board formed the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) in 2006 toreview the existing guidelines and standards and to recommend changes. TEITAC's 41 members comprised a broad crosssection of stakeholders, including representatives from industry, disability groups, and a number of government agencies in the U.S. and abroad -- the European Commission, Canada, Australia, and Japan. Recognizing the importance of standardization across markets worldwide, TEITAC coordinated its work with standard-setting bodies in the U.S. and abroad, such as the World Wide Web Consortium (W3C). TEITAC members addressed a range of issues, including new or convergent technologies, market forces, and international harmonization. On April 3,2008, TEITAC presented its report to the Board. The report recommended revisions to the Board's Section 508 standards and Section 255 guidelines. The report is available on the Board's website at www.access-board.gov/sec508/refresh/report/.

Costs and Benefits: The Access Board is seeking input from the public on costs and benefits associated with the standards, and working with an outside contractor to assess costs and benefits associated with the proposed rule and to support the preliminary regulatory impact assessment that will accompany the proposed rule. The Information and Communication Technology Standards and Guidelines will promote open government for all people, regardless of disability status, by providing federal agencies with standards to ensure that when they procure, develop, maintain or use electronic and information technology, that citizens and employees who are individuals with disabilities have access to and use of information and data that is comparable to the access to and use of the information and data by others without disabilities. The Access Board expects that the Information and Communication Technology Standards and Guidelines will have international impacts. Accordingly, the agency has incorporated into its rulemaking process extensive outreach efforts to include industry representatives, disability groups, standard-setting bodies in the U.S. and abroad such as the World Wide Web Consortium, and other countries such as representatives from the European Commission, Canada, Australia, and Japan.

Risks: Timetable: Action Date FR Cite Establishment of Advisory Committee 07/06/2006 71 FR 38324 ANPRM 03/22/2010 75 FR 13457 ANPRM Comment Period End 06/21/2010 ANPRM 12/08/2011 76 FR 76640 ANPRM Comment Period End 03/07/2012 NPRM 06/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal Federalism: No RIN Information URL: www.access-board.gov/508.htm Public Comment URL: www.regulations.gov Agency Contact: Lisa Fairhall Deputy General Counsel Architectural and Transportation Barriers Compliance Board Suite 1000, 1331 F Street NW., Washington, DC 20004 Washington , DC 20004 Phone: 202 272-0046 FAX: 202 272-0081 E-Mail: fairhall@access-board.gov

Architectural and Transportation Barriers Compliance Board ( ATBCB ) RIN: 3014-AA40

View Related DocumentsTitle: Accessibility Standards for Medical Diagnostic Equipment Abstract: This regulation will establish minimum technical criteria to ensure that medical equipment used for diagnostic purposes by health professionals in (or in conjunction with) physician's offices, clinics, emergency rooms, hospitals, and other medical settings is accessible to and usable by individuals with disabilities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 1197 (New) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 29 USC 794(f) Legal Deadline: Action Source Description Date Other Statutory 29 USC 794(f) 03/22/2012

Regulatory Plan: Statement of Need: Under section 510 of the Rehabilitation Act (29 U.S.C.794f), the Access Board, in consultation with the Commissioner of the Food and Drug Administration, is required to issue standards that contain minimum technical criteria to ensure that medical diagnostic equipment used in or in conjunction with medical settings such as physicians' offices, clinics, emergency rooms, and hospitals are accessible to and usable by individuals with disabilities. The statute provides that the standards must allow for independent access to and use of the medical diagnostic equipment by individuals with disabilities to the maximum extent possible. Section 510 of the Rehabilitation Act requires the standards to be issued not later than 24 months after the enactment of the Patient Protection and Affordable Care Act (Pub. L. 111-148, 124 Stat. 570).The statutory deadline for issuing the standards was March 23, 2012. Legal Basis: Section 4203 of the Patient Protection and Affordable Care Act (Pub. L. 111-148, 124 Stat. 570) amended title V of the Rehabilitation Act, which establishes rights and protections for individuals with disabilities, by adding section 510.

Alternatives: In developing the NPRM, the Access Board has considered and will continue to consider alternatives proposed by a variety of stakeholders. First, the Access Board considered approaches contained in the Association for the Advancement of Medical Instrumentation's ANSI/AAMI HE 75:2009, "Human factors engineering-Design of medical devices" in developing the proposed standards. ANSI/AAMI HE 75 is a recommended practice that provides guidance on human factors design principles for medical devices. In particular, Chapter 16 of ANSI/AAMI HE 75 provides guidance on accessibility for patients and health care professionals with disabilities (Chapter 16 of ANSI/AAMI HE 75 is available at: http://www.aami.org/he75/). The Access Board's proposed standards do not reference the guidance in chapter 16 of ANSI/AAMI HE 75 because the guidance is not mandatory. The Access Board seeks to harmonize its standards and guidelines with voluntary consensus standards and plans to participate in future revisions to ANSI/AAMI HE 75. In addition, the Access Board has consulted closely with the Department of Justice and the Food and Drug Administration in the development of the proposed standards, and plans to continue to work closely with them in the development of the final rule. The Access Board has also established an Advisory Committee to make recommendations to the Board on how to address issues raised in the public comments on the proposed rule.

Costs and Benefits: The proposed standards address many of the barriers that have been identified as affecting the accessibility and usability of diagnostic equipment by individuals with disabilities. For example, the proposed standards would facilitate independent transfers by individuals with disabilities onto and off of diagnostic equipment, and enable them to maintain their independence, confidence, and dignity, lessening the need for health care personnel to assist individuals with disabilities when transferring on and off of diagnostic equipment. The proposed standards would improve the quality of health care for individuals with disabilities and ensure that they receive examinations, diagnostic procedures, and other health care services equal to those received by individuals without disabilities. The Access Board has prepared a preliminary regulatory assessmentfor the proposed standards, which is available on the Access Board's web site at: http://www.accessboard.gov/medicalequipment.htm. The preliminary assessment compares costs of select medical diagnostic equipment with and without accessibility features in the market. The Access Board is seeking input from the public on costs and benefits associated with these proposed standards to support a final regulatory impact assessment that will accompany the final rule. Section 510 of the Rehabilitation Act does not address who is required to comply with the standards. Compliance with the standards would not be mandatory unless other agencies adopt the standards as mandatory requirements for entities under their jurisdiction. In July 2010, the Department of Justice issued an advance notice of proposed rulemaking (ANPRM) announcing that it was considering amending its Americans with Disabilities Act (ADA) regulations to ensure that equipment and furniture are accessible to individuals with disabilities. See 75 FR 43452 (July 26, 2010). The ANPRM noted that the ADA has always required the provision of accessible equipment and furniture, and that the Department has entered into settlement agreements with medical care providers requiring them to provide accessible medical equipment. The ANPRM stated that when the Access Board has issued accessibility standards for medical diagnostic equipment, the Department would consider adopting the standards in its ADA regulations. The ANPRM also stated that if the Department adopts the Access Board's accessibility standards for medical diagnostic equipment, it would develop scoping requirements that specify the minimum number of accessible types of equipment required for different medical settings. At that time, the impact of scoping and application of the proposed standards can be more fully assessed.

Risks: Timetable:Action Date FR Cite Notice of Public Information Meeting 06/22/2010 75 FR 35439 NPRM 02/09/2012 77 FR 6916 Notice of Intent to Form Advisory Committee 03/13/2012 77 FR 14706 NPRM Comment Period End 06/08/2012 Final Action 11/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: No RIN Information URL: www.access-board.gov/medicalequipment.htm Public Comment URL: www.regulations.gov Agency Contact: James Raggio General Counsel Architectural and Transportation Barriers Compliance Board 1331 F Street NW., Suite 1000, Washington, DC 20004-1111 Washington , DC 20004-1111 Phone: 202 272-0040 TDD Phone: 202 272-0062 FAX: 202 272-0081 E-Mail: raggio@access-board.gov