[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Rules and Regulations]
[Pages 13706-13707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5049]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#186a797f7f717758797b7b7d6b6b35247938706a7d7e25" http: board.gov">board.gov</a>">raggio@access-board.gov</a>.

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 Sec.  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

[[Page 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.

0
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

0
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.


0
2. In Sec.  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.



0
3. In Sec.  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.



0
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 platform-mounted 
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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