### ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD FY 2014 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, information and communication technology, and medical diagnostic equipment. Other federal agencies adopt the accessibility guidelines and standards issued by the Access Board as mandatory requirements for entities under their jurisdiction.

This plan highlights three rulemaking priorities for the Access Board in FY 2014: (A) Information and Communication Technology Accessibility Standards and Guidelines; (B) Medical Diagnostic Equipment Accessibility Standards; and (C) Pedestrian Facilities in the Public Right of Way Accessibility Guidelines. The guidelines and standards would enable individuals with disabilities to achieve greater participation in our society, independent living, and economic self-sufficiency, and would promote our national values of equity, human dignity, and fairness, the benefits of which are difficult to quantify.

The rulemakings are summarized below.

A. I n formation and Communication Technology Accessibility Standards and Guidelines (RIN: 3014-AA37).

The Access Board plans to issue a Notice of Proposed Rulemaking (NPRM) to update its accessibility standards for electronic and information technology covered by section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) (Section 508), and its accessibility

### guidelines for telecommunication equipment and customer premises equipment covered by section 255 of the Telecommunications Act of 1996 (47 U.S.C. 255) (Section 255). 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 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.

A.1 Statement of Need : The Access Board issued the Electronic and Information Technology Accessibility Standards in 2000 (65 FR 80500, December 21, 2000), and the Telecommunications Act Accessibility Guidelines for telecommunications equipment and customer premises equipment in 1998 (63 FR 5608, February 3, 1998). Since the 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 Access Board is updating the standards and guidelines together to address changes in technology and to make them

consistent.

A.2 Summary of the Legal Basis : Section 508 and Section 255 require the Access Board to develop accessibility standards for electronic and information technology and accessibility guidelines for telecommunications equipment and customer premises equipment, and to periodically review and update the standards and guidelines to reflect technological advances and changes.

### A.3 Alternatives : The Access Board established a Telecommunications and Electronic and Information Technology Advisory Committee to recommend changes to the existing standards and guidelines. The advisory committee was comprised a broad cross-section of stakeholders, including representatives from industry, disability groups, and government agencies from the U.S. the European Commission, Canada, Australia, and Japan. Recognizing the importance of standardization across markets worldwide, the advisory committee coordinated its work with standard-setting bodies in the U.S. and abroad, such as the World Wide Web Consortium (W3C). The Access Board published Advance Notices of Proposed Rulemaking (ANPRMs) in the Federal Register in 2010 and 2011 requesting public comments on draft updates to the standards and guidelines (75 FR 13457, March 22, 2010; and 76 FR 76640, December 8, 2011). The NPRM will be based on the advisory committee’s report and public comments on the ANPRMs.

The Access Board expects that the Information and Communication Technology Standards and Guidelines will have international impacts, and has engaged extensive outreach efforts to standard-setting bodies in the U.S. and abroad such as the World Wide Web Consortium and to other countries, including the European Commission, Canada, Australia, and Japan.

A.4 Anticipated Costs and Benefits : The Access Board is working with a contractor to assess costs and benefits and prepare a preliminary regulatory impact assessment to accompany the

NPRM.

B. Medical Diagnostic Equipment Accessibility Standards (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. The standards will contain minimum technical criteria to ensure that medical diagnostic equipment, including examination tables, examination chairs,

### weight scales, mammography equipment, and other imaging equipment used by health care providers for diagnostic purposes are accessible to and usable by individuals with disabilities. The Access Board published a Notice of Proposed Rulemaking (NPRM) in the Federal Register in 2012, 77 FR 6916, February 9, 2012.

B.1 Statement of Need : A national survey of a diverse sample of individuals with a wide range of disabilities, including mobility and sensory disabilities, showed that the respondents had difficulty getting on and off on examination tables and chairs, radiology equipment and weight scales, and experienced problems with physical comfort, safety and communication. Focus group studies of individuals with disabilities also provided information on barriers that affect the accessibility and usability of various types of medical diagnostic equipment. The national survey and focus group

studies are discussed in the NPRM.

B.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 to the Rehabilitation Act (29 U.S.C. 794f) (Section 510). Section 510 requires the Access Board, in consultation with the Commissioner of the Food and Drug Administration (FDA), to develop 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.

Section 510 does not address who is required to comply with the standards. However, the Americans with Disabilities Act requires health care providers to provide individuals with disabilities full and equal access to their health care services and facilities. The U.S. Department of Justice (DOJ) is responsible for issuing regulations to implement the Americans with Disabilities Act and enforcing the law. The NPRM discusses DOJ activities related to health care providers and medical equipment.

### B.3 Alternatives : The Access Board worked with the FDA and DOJ in developing the standards.

The Access Board considered the Association for the Advancement of Medical Instrumentation's ANSI/AAMI HE 75:2009, "Human factors engineering-Design of medical devices," which includes recommended practices to provide accessibility for individuals with disabilities. The Access Board also established a Medical Diagnostic Equipment Accessibility Standards Advisory Committee that included representatives from the disability community and manufacturers of medical diagnostic equipment to make recommendations on issues raised in public comments on and responses to questions in the NPRM. The final rule will be based on the public comments and recommendations of the advisory committee.

B.4 Anticipated Costs and Benefits : The Access Board is working with a contractor to assess costs and benefits and prepare a preliminary regulatory impact assessment to accompany the final rule. The standards would address many of the barriers that have been identified as affecting the accessibility and usability of diagnostic equipment by individuals with disabilities. The 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 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.

C. Pedestrian Facilities in the Public Right-of-Way Accessibility Guidelines (RIN: 3014-AA26).

The Access Board plans to issue a final rule establishing accessibility guidelines for the design, construction, and alteration of pedestrian facilities in the public right-of-way, including sidewalks, shared use paths, pedestrian street crossings, curb ramps and blended transitions,

### pedestrian overpasses and underpasses, pedestrian signals, signs, street furniture, transit stops and transit shelters, on-street parking spaces, and passenger loading zones. The Access Board published a Notice of Proposed Rulemaking (NPRM) in the Federal Register in 2011, 76 FR 44664, July 26, 2011.

C.1 Statement of Need : The Access Board has issued accessibility guidelines for the design, construction, and alteration of buildings and facilities covered by the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) at 36 CFR part 1191. These guidelines were developed primarily for buildings and facilities on sites. Some of the provisions in these guidelines can be readily applied to pedestrian facilities in the public right-of-way such as curb ramps. However, other provisions need to be adapted or new provisions developed for pedestrian facilities that are built in the public right-of-way.

C.2 Summary of the Legal Basis : Section 502 (b) (3) of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 792 (b) (3), requires the Access Board to establish and maintain minimum guidelines for the standards issued by other agencies pursuant to the ADA and ABA. In addition, section 504 of the ADA, 42 U.S.C. 12204, required the Access Board to issue accessibility guidelines for buildings and facilities covered by that law.

C.3 Alternatives : The Access Board established a Public Rights-of-Way Access Advisory Committee to make recommendations for the guidelines. The advisory committee was comprised of a broad cross-section of stakeholders, including representatives for state and local government agencies responsible for constructing facilities in the public right-of-way, transportation engineers, disability groups, and bicycling and pedestrian organizations. The Access Board released a draft of the guidelines for public comment. The NPRM was based on the advisory committee report and public comments on the draft guidelines. The final rule will be based on the NPRM and public comments on the NPRM.

### C.4 Anticipated Costs and Benefits : The Access Board identified three provisions in the NPRM that would have more than minimal impacts on state and local governments. The provisions would require detectable warning surfaces on newly constructed and altered curb ramps and blended transitions at pedestrian street crossings; accessible pedestrian signals and pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections; and pedestrian activated signals at roundabouts with multi-lane pedestrian crossings. Another provision would require a 2 percent maximum cross slope on pedestrian access routes within pedestrian street crossings with yield or stop control and would have more than minimal impacts on state and local governments that construct roadways with pedestrian crossings in hilly areas. The NPRM included questions requesting information to assess the costs and benefits of these provisions, as well as other provisions that may have cost impacts. The Access Board will prepare a regulatory impact assessment to accompany the final rule based on information provided in response to questions in the NPRM and other sources.The 3 Actions Described in the Regulatory Plan

Title Regulation Identifier Number Rulemaking Stage Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards 3014-AA37 Proposed Rule Stage Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way 3014-AA26 Final Rule Stage Accessibility Standards for Medical Diagnostic Equipment 3014-AA40 Final Rule Stage

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

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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).

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: None

Regulatory Plan: Statement of Need: The Access Board issued the Electronic and Information Technology Accessibility Standards in 2000 (65 FR 80500, December 21, 2000), and the Telecommunications Act Accessibility Guidelines for telecommunications equipment and customer premises equipment in 1998 (63 FR 5608, February 3, 1998). Since the 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 Access Board is updating the standards and guidelines together to address changes in technology and to make them consistent. Legal Basis: Section 508 and Section 255 require the Access Board to develop accessibility standards for electronic and information technology and accessibility guidelines for telecommunications equipment and customer premises equipment, and to periodically review and update the standards and guidelines to reflect technological advances and changes.

Alternatives: The Access Board established a Telecommunications and Electronic and Information Technology Advisory Committee to recommend changes to the existing standards and guidelines. The advisory committee was comprised of a broad cross-section of stakeholders, including representatives from industry, disability groups, and government agencies from the U.S., the European Commission, Canada, Australia, and Japan. Recognizing the importance of standardization across markets worldwide, the advisory committee coordinated its work with standard-setting bodies in the U.S. and abroad, such as the World Wide Web Consortium (W3C). The Access Board published Advance Notices of Proposed Rulemaking (ANPRMs) in the Federal Register in 2010 and 2011 requesting public comments on draft updates to the standards and guidelines (75 FR 13457, March 22, 2010; and 76 FR 76640, December 8, 2011). The NPRM will be based on the advisory committee's report and public comments on the ANPRMs. The Access Board expects that the Information and Communication Technology Standards and Guidelines will have international impacts, and has engaged extensive outreach efforts to standard-setting bodies in the U.S. and abroad such as the World Wide Web Consortium and to other countries, including the European Commission, Canada, Australia, and Japan.Costs and Benefits: The Access Board is working with a contractor to assess costs and benefits and prepare a preliminary regulatory impact assessment to accompany the NPRM.

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 03/00/2014

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal Federalism: No RIN Information URL: www.access-board.gov 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-AA26

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Title: Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way Abstract: This rulemaking would establish accessibility guidelines to ensure that sidewalks, pedestrian street crossings, pedestrian signals, and other facilities for pedestrian circulation and use constructed or altered in the public right-of-way by State or local governments are accessible to and usable by individuals with disabilities. The rulemaking in RIN 3014-AA41 that would establish accessibility guidelines for shared use paths that are designed for bicyclists and pedestrians and are used for transportation and recreation purposes is merged with this rulemaking. A second notice of proposed rulemaking (Second NPRM) proposed to add provisions for shared use paths to the accessibility guidelines for pedestrian facilities in the public right-of-way. The U.S. Department of Justice, U.S. Department of Transportation, and other Federal agencies are expected to adopt the accessibility guidelines for pedestrian facilities in the public right-of-way as enforceable standards in separate rulemakings for the construction and alteration of facilities covered by the Americans With Disabilities Act, section 504 of the Rehabilitation Act, and the Architectural Barriers Act.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 36 CFR 1190 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 12204, Americans With Disabilities Act; 29 USC 792, Rehabilitation Act Legal Deadline: None

Regulatory Plan: Statement of Need: The Access Board has issued accessibility guidelines for the design, construction, and alteration of buildings and facilities covered by the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) at 36 CFR part 1191. These guidelines were developed primarily for buildings and facilities on sites. Some of the provisions in these guidelines can be readily applied to pedestrian facilities in the public right-of-way such as curb ramps. However, other provisions need to be adapted or new provisions developed for pedestrian facilities that are built in the public right-of-way. Legal Basis: Section 502 (b) (3) of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 792 (b) (3), requires the Access Board to establish and maintain minimum guidelines for the standards issued by other agencies pursuant to the ADA and ABA. In addition, section 504 of the ADA, 42 U.S.C. 12204, requires the Access Board to issue accessibility guidelines for buildings and facilities covered by the law.

Alternatives: The Access Board established a Public Rights-of-Way Access Advisory Committee to make recommendations for the guidelines. The advisory committee was comprised of a broad cross-section of stakeholders, including representatives for state and local government agencies responsible for constructing facilities in the public right-of-way, transportation engineers, disability groups, and bicycling and pedestrian organizations. The Access Board released a draft of the guidelines for public comment. The NPRM was based on the advisory committee report and public comments on the draft guidelines. Thefinal rule will be based on the NPRM and public comments on the NPRM.

Costs and Benefits: The Access Board identified three provisions in the NPRM that would have more than minimal impacts on state and local governments. The provisions would require detectable warning surfaces on newly constructed and altered curb ramps and blended transitions at pedestrian street crossings; accessible pedestrian signals and pushbuttons when pedestrian signals are newly installed or replaced at signalized intersections; and pedestrian activated signals at roundabouts with multi-lane pedestrian crossings. Another provision would require a 2 percent maximum cross slope on pedestrian access routes within pedestrian street crossings with yield or stop control and would have more than minimal impacts on state and local governments that construct roadways with pedestrian crossings in hilly areas. The NPRM included questions requesting information to assess the costs and benefits of these provisions, as well as other provisions that may have cost impacts. The Access Board will prepare a regulatory impact assessment to accompany the final rule based on information provided in response to questions in the NPRM and other sources.

Risks: Timetable: Action Date FR Cite Notice of Intent to Form Advisory Committee 08/12/1999 64 FR 43980 Notice of Appointment of Advisory Committee Members 10/20/1999 64 FR 56482 Availability of Draft Guidelines 06/17/2002 67 FR 41206 Availability of Draft Guidelines 11/23/2005 70 FR 70734 NPRM 07/26/2011 76 FR 44664 NPRM Comment Period End 11/23/2011 Notice Reopening Comment Period 12/05/2011 76 FR 75844 NPRM Comment Period End 02/02/2012 Second NPRM 02/13/2013 78 FR 10110 Second NPRM Comment Period End 05/14/2013 Final Action 09/00/2014

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

Federalism: Yes RIN Information URL: www.access-board.gov Public Comment URL: www.regulations.gov Related RINs: Merge with 3014-AA41 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-AA40

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Title: 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: A national survey of a diverse sample of individuals with a wide range of disabilities, including mobility and sensory disabilities, showed that the respondents had difficulty getting on and off on examination tables and chairs, radiology equipment and weight scales, and experienced problems with physical comfort, safety and communication. Focusgroup studies of individuals with disabilities also provided  information on barriers that affect the accessibility and usability of various types of medical diagnostic equipment. The national survey and focus group studies are discussed in the NPRM. 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 to the Rehabilitation Act (29 U.S.C. 794f) (Section 510). Section 510 requires the Access Board, in consultation with the Commissioner of the Food and Drug Administration (FDA), to develop 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. Section 510 does not address who is required to comply with the standards. However, the Americans with Disabilities Act requires health care providers to provide individuals with disabilities full and equal access to their health care services and facilities. The U.S. Department of Justice (DOJ) is responsible for issuing regulations to implement the Americans with Disabilities Act and enforcing the law. The NPRM discusses DOJ activities related to health care providers and medical equipment.

Alternatives: The Access Board worked with the FDA and DOJ in developing the standards. The Access Board considered the Association for the Advancement of Medical Instrumentation's ANSI/AAMI HE 75:2009, "Human factors engineering-Design of medical devices," which includes recommended practices to provide accessibility for individuals with disabilities. The Access Board also established a Medical Diagnostic Equipment Accessibility Standards Advisory Committee that included representatives from the disability community and manufacturers of medical diagnostic equipment to make recommendations on issues raised in public comments on and responses to questions in the NPRM. The final rule will be based on the public comments and recommendations of the advisory committee.

Costs and Benefits: The Access Board is working with a contractor to assess costs and benefits and prepare a regulatory impact assessment to accompany the final rule. The standards would address many of the barriers that have been identified as affecting the accessibility and usability of diagnostic equipment by individuals with disabilities. The 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 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.

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 Notice Establishing Advisory Committee 07/05/2012 77 FR 39653 Final Action 09/00/2014

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: No RIN Information URL: www.access-board.gov 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