13706 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 

§ 7.45 [Amended] 

■ 5. In § 7.45, remove paragraph (e)(8) 

and redesignate paragraph (e)(9) as 

paragraph (e)(8). 

§ 7.48 [Amended] 

■ 6. In § 7.48, remove paragraph (d) and 

redesignate paragraphs (e) through (g) as 

paragraphs (d) through (f), respectively. 

§ 7.57 [Amended] 

■ 7. In § 7.57, remove paragraph (c) and 

redesignate paragraphs (d) through (h) 

as paragraphs (c) through (g), 

respectively. 

§ 7.70 [Amended] 

■ 8. In § 7.70, remove paragraphs (c) and 

(d) and redesignate paragraphs (e) 

through (g) as paragraphs (c) through (e), 

respectively. 

§ 7.79 [Amended] 

■ 9. In § 7.79, remove paragraph (c) and 

redesignate paragraph (d) as (c). 

Dated: August 3, 2006. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

Editorial Note: This document was 

received at the Office of the Federal Register, 

National Archives and Records 

Administration, Washington, DC, on March 

15, 2007. 

[FR Doc. E7–5111 Filed 3–22–07; 8:45 am] 

BILLING CODE 4312–52–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1191 

RIN 3014–AA20 

Americans With Disabilities Act (ADA) 

Accessibility Guidelines for Buildings 

and Facilities; Architectural Barriers 

Act (ABA) Accessibility Guidelines; 

Supplementary Material 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Final rule; supplementary 

material. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) revised its 

accessibility guidelines for the 

construction and alteration of buildings 

and facilities covered by the Americans 

with Disabilities Act and the 

Architectural Barriers Act in 2004. The 

Department of Transportation, General 

Services Administration, and United 

States Postal Service have adopted by 

reference the revised guidelines as 

regulatory standards. The Department of 

Transportation has modified four 

sections of the revised guidelines that 

affect entities required to comply with 

the Department of Transportation’s 

regulatory standards. This document 

adds notes to provide supplementary 

material on the agencies that have 

adopted the revised guidelines as 

regulatory standards. This document 

also adds a new appendix that reprints 

the modified sections of the revised 

guidelines adopted by the Department 

of Transportation for entities required to 

comply with the Department of 

Transportation’s regulatory standards. 

DATES: Effective March 23, 2007. 

FOR FURTHER INFORMATION CONTACT: 

James Raggio, Office of General Counsel, 

Architectural and Transportation 

Barriers Compliance Board, 1331 F 

Street, NW., Suite 1000, Washington, 

DC 20004–1111. Telephone numbers: 

(202) 272–0040 (voice); 202 272–0082 

(TTY). E-mail address: raggio@accessboard.gov. 

SUPPLEMENTARY INFORMATION: The 

Architectural and Transportation 

Barriers Compliance Board (Access 

Board) is responsible for establishing 

and maintaining guidelines to ensure 

that the construction and alteration of 

buildings and facilities covered by the 

Americans with Disabilities Act and the 

Architectural Barriers Act are accessible 

to individuals with disabilities. Other 

agencies are responsible for adopting 

the guidelines as regulatory standards. 

The agencies may modify the guidelines 

when adopting them as regulatory 

standards, provided the modifications 

are consistent with the guidelines. 

The Access Board revised its 

accessibility guidelines for the 

construction and alteration of buildings 

and facilities covered by the Americans 

with Disabilities Act and the 

Architectural Barriers Act in 2004. 69 

FR 44084, July 23, 2004. The Access 

Board published correcting amendments 

to the revised guidelines in 2005. 70 FR 

45308, August 5, 2005. The revised 

guidelines and correcting amendments 

are codified in the July 1, 2006 edition 

of the Code of Federal Regulations (36 

CFR part 1191) and consist of five 

appendices: 

Appendix A—Table of Contents. 

Appendix B—Americans with 

Disabilities Act: Scoping (ADA 

Chapters 1and 2). 

Appendix C—Architectural Barriers 

Act: Scoping (ABA Chapter 1 and 2). 

Appendix D—Technical (Chapter 3 

through 10). 

Appendix E—List of Figures and Index. 

As discussed below, three agencies 

have adopted by reference the revised 

guidelines as regulatory standards. The 

Access Board is adding notes to 

paragraphs (a) and (b) of § 1191.1 to 

provide readers supplementary material 

on the agencies that have adopted the 

revised guidelines as regulatory 

standards. 

The Department of Transportation has 

amended its regulations implementing 

the Americans with Disabilities Act, and 

has adopted by reference Appendices B 

and D to this part as the regulatory 

standards for the construction and 

alteration of transportation facilities 

subject to its regulations, effective 

November 29, 2006. 49 CFR 37.9 and 

Appendix A to 49 CFR part 37, as 

amended at 71 FR 63263, October 30, 

2006; and corrected at 72 FR 11089, 

March 12, 2007. The Department of 

Transportation has modified section 

206.3 in Appendix B to this part; and 

sections 406, 810.2.2, and 810.5.3 in 

Appendix D to this part. The Access 

Board is adding a new Appendix F to 

this part that reprints the modified 

sections adopted by the Department of 

Transportation as a convenience for 

readers. Entities that are required to 

comply with the Department of 

Transportation’s regulatory standards, 

must comply with the modified sections 

adopted by the Department of 

Transportation. The Department of 

Transportation has provided 

supplemental material on the modified 

sections in Appendix D to 49 CFR part 

37. 

The General Services Administration 

has published regulations implementing 

the Architectural Barriers Act, and has 

adopted by reference Appendices C and 

D to this part as the regulatory standards 

for buildings and facilities subject to its 

regulations. 41 CFR 102–76.65, as added 

at 70 FR 67786, November 8, 2005; 

amended at 71 FR 52498, September 6, 

2006; and further amended at 72 FR 

5942, February 8, 2007. The General 

Services Administration refers to its 

regulatory standards as the 

Architectural Barriers Act Accessibility 

Standard (ABAAS). ABAAS applies to 

the construction and alteration of 

facilities commenced after May 8, 2006; 

to leases awarded for lease construction 

buildings on or after June 30, 2006; and 

to all other leases awarded pursuant to 

solicitations issued after February 6, 

2007. The General Services 

Administration has also revised its 

Facilities Standards for the Public 

Building Service PBS—P100 (March 

2005), and has adopted ABAAS as a 

mandatory standard for the construction 

and alteration of General Services 

Administration owned buildings and 


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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations 13707 

lease construction with government 

option to purchase buildings. Section 

3.5 of the Facilities Standards for the 

Public Building Service PBS—P100 

(March 2005) establishes an additional 

requirement that at least one automatic 

or power-assisted door complying with 

section 404.3 of ABAAS be provided at 

each accessible entrance required by 

section F206.4.1 of ABAAS. The 

Facilities Standards for the Public 

Building Service PBS—P100 (March 

2005) is available on the Internet at: 

http://www.gsa.gov/P100. 

The United States Postal Service has 

published regulations implementing the 

Architectural Barriers Act, and has 

adopted by reference Appendices C and 

D to this part, with the exception of the 

advisory notes, as the regulatory 

standards for its postal facilities, 

effective October 1, 2005. 39 CFR 254.1, 

as added at 70 FR 28213, May 17, 2005. 

List of Subjects in 36 CFR Part 1191 

Buildings and facilities, Civil rights, 

Incorporation by reference, Individuals 

with disabilities, Transportation. 

Tricia Mason, 

Chair, Architectural and Transportation 

Barriers Compliance Board. 

■ Accordingly, for the reasons set forth 

in the preamble 36 CFR part 1191 is 

amended as follows: 

PART 1191—AMERICANS WITH 

DISABILITIES ACT (ADA) 

ACCESSIBILITY GUIDELINES FOR 

BUILDINGS AND FACILITIES; 

ARCHITECTURAL BARRIERS ACT 

(ABA) ACCESSIBILITY GUIDELINES 

■ 1. The authority citation for 36 CFR 

part 1191 continues to read as follows: 

Authority: 29 U.S.C. 792(b)(3); 42 U.S.C. 

12204. 

■ 2. In § 1191.1, add Note 1 to paragraph 

(a) to read as follows: 

Note 1 to paragraph (a): 1. The Department 

of Transportation has adopted by reference 

Appendices B and D to this part with 

modifications as the regulatory standards for 

the construction and alteration of 

transportation facilities subject to its 

regulations under the Americans with 

Disabilities Act, effective November 29, 2006. 

49 CFR 37.9 and Appendix A to 49 CFR part 

37, as amended at 71 FR 63263, October 30, 

2006; and corrected at 72 FR 11089, March 

12, 2007. The Department of Transportation 

has modified section 206.3 in Appendix B to 

this part; and sections 406, 810.2.2, and 

810.5.3 in Appendix D to this part. The 

modified sections adopted by the Department 

of Transportation are reprinted in Appendix 

F to this part. Entities that are required to 

comply with the Department of 

Transportation’s regulatory standards, must 

comply with the modified sections adopted 

by the Department of Transportation that are 

reprinted in Appendix F to this part. 

■ 3. In § 1191.1, add Notes 1 and 2 to 

paragraph (b) to read as follows: 

Note 1 to paragraph (b): 1. The General 

Services Administration has adopted by 

reference Appendices C and D to this part as 

the regulatory standards for buildings and 

facilities subject to its regulations under the 

Architectural Barriers Act. 41 CFR 102–

76.65, as added at 70 FR 67786, November 

8, 2005; amended at 71 FR 52498, September 

6, 2006; and further amended at 72 FR 5942, 

February 8, 2007. The General Services 

Administration refers to its regulatory 

standards as the Architectural Barriers Act 

Accessibility Standard (ABAAS). ABAAS 

applies to the construction and alteration of 

facilities commenced after May 8, 2006; to 

leases awarded for lease construction 

buildings on or after June 30, 2006; and to 

all other leases awarded pursuant to 

solicitations issued after February 6, 2007. 

Section 3.5 of the Facilities Standards for the 

Public Building Service PBS—P100 (March 

2005) [available on the Internet at: http:// 

www.gsa.gov/P100] establishes an additional 

requirement for General Services 

Administration owned buildings and lease 

construction with government option to 

purchase buildings to provide at least one 

automatic or power-assisted door complying 

with section 404.3 of ABAAS at each new or 

altered accessible entrance required by 

section F206.4.1 of ABAAS. 

Note 2 to paragraph (b). 2. The United 

States Postal Service has adopted by 

reference Appendices C and D to this part, 

with the exception of the advisory notes, as 

the regulatory standards for its postal 

facilities subject to the Architectural Barriers 

Act, effective October 1, 2005. 39 CFR 254.1, 

as added at 70 FR 28213, May 17, 2005. 

■ 4. Add a new Appendix F to this part 

to read as follows: 

Appendix F to Part 1191—

Modifications Adopted by the 

Department of Transportation 

The Department of Transportation has 

adopted by reference Appendices B and D to 

this part with modifications as the regulatory 

standards for the construction and alteration 

of transportation facilities subject to its 

regulations under the Americans with 

Disabilities Act, effective November 29, 2006. 

49 CFR 37.9 and Appendix A to 49 CFR part 

37, as amended at 71 FR 63263, October 30, 

2006; and corrected at 72 FR 11089, March 

12, 2007. The Department of Transportation 

has modified section 206.3 in Appendix B to 

this part; and sections 406, 810.2.2, and 

810.5.3 in Appendix D to this part. The 

modified sections adopted by the Department 

of Transportation are reprinted in this 

appendix. Entities that are required to 

comply with the Department of 

Transportation’s regulatory standards, must 

comply with modified sections adopted by 

the Department of Transportation that are 

reprinted in this appendix. The Department 

of Transportation has provided supplemental 

information on the modified sections in 

Appendix D to 49 CFR part 37. 

Modification to 206.3 of Appendix B 

206.3 Location. Accessible routes shall 

coincide with, or be located in the same area 

as general circulation paths. Where 

circulation paths are interior, required 

accessible routes shall also be interior. 

Elements such as ramps, elevators, or other 

circulation devices, fare vending or other 

ticketing areas, and fare collection areas shall 

be placed to minimize the distance which 

wheelchair users and other persons who 

cannot negotiate steps may have to travel 

compared to the general public. 

Modification to 406 of Appendix D 

406.8 Detectable Warnings. A curb ramp 

shall have a detectable warning complying 

with 705. The detectable warning shall 

extend the full width of the curb ramp 

(exclusive of flared sides) and shall extend 

either the full depth of the curb ramp or 24 

inches (610 mm) deep minimum measured 

from the back of the curb on the ramp 

surface. 

Modification to 810.2.2 of Appendix D 

810.2.2 Dimensions. Bus boarding and 

alighting areas shall provide a clear length of 

96 inches (2440 mm), measured 

perpendicular to the curb or vehicle roadway 

edge, and a clear width of 60 inches (1525 

mm), measured parallel to the vehicle 

roadway. Public entities shall ensure that the 

construction of bus boarding and alighting 

areas comply with 810.2.2, to the extent the 

construction specifications are within their 

control. 

Modification to 810.5.3 of Appendix D 

810.5.3 Platform and Vehicle Floor 

Coordination. Station platforms shall be 

positioned to coordinate with vehicles in 

accordance with the applicable requirements 

of 36 CFR part 1192. Low-level platforms 

shall be 8 inches (205 mm) minimum above 

top of rail. In light rail, commuter rail, and 

intercity rail systems where it is not 

operationally or structurally feasible to meet 

the horizontal gap or vertical difference 

requirements of part 1192 or 49 CFR part 38, 

mini-high platforms, car-borne or platformmounted lifts, ramps or bridge plates or 

similarly manually deployed devices, 

meeting the requirements of 49 CFR part 38, 

shall suffice. 

Exception: Where vehicles are boarded 

from sidewalks or street-level, low-level 

platforms shall be permitted to be less than 

8 inches (205 mm). 

[FR Doc. E7–5049 Filed 3–22–07; 8:45 am] 

BILLING CODE 8150–01–P 


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