## AR C H ITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Ch. XI

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Semiannual regulatory agenda.

SUMMARY: The Architectural and Transportation Barriers Compliance Board submits the

following agenda of proposed regulatory activities which may be conducted by the Agency during

the next 12 months. This regulatory agenda may be revised by the Agency during the coming

months as a result of action taken by the Board.

ADDRESS: Architectural and Transportation Barriers Compliance Board, 1331 F Street NW.,

Suite 1000, Washington, DC 20004-1111.

FOR FURTHER INFORMATION CONTACT: For information concerning Board regulations and

proposed actions, contact James J. Raggio, General Counsel, (202) 272-0040 (voice) or (202)

272-0062 (TTY).

NAME: James J. Raggio,

General Counsel.The 8 Regulatory Agendas

Architectural and Transportation Barriers Compliance Board - Proposed Rule

Title Regulation
Identifier
Number

Americans With Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels 3014-AA11

Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way 3014-AA26

Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards 3014-AA37

Architectural and Transportation Barriers Compliance Board - Final Rule

Title Regulation
Identifier
Number

Architectural Barriers Act (ABA) Accessibility Guidelines for Outdoor Developed Areas 3014-AA22

Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles 3014-AA38

American With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines; Emergency Transportable Housing Units 3014-AA39

Accessibility Standards for Medical Diagnostic Equipment 3014-AA40

Architectural and Transportation Barriers Compliance Board - Completed Action

Title Regulation
Identifier
Number

Accessibility Guidelines for Shared Use Paths 3014-AA41

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

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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 theseguidelines. (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 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 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-AA26

View Related Documents

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 byState 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)would propose to add provisions for shared use paths to the accessibility guidelines for pedestrian facilities in the public right-ofway. 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: Proposed 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:

Legal Basis:

Alternatives:

Costs and Benefits:

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 03/00/2013

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions Government Levels Affected: Local; State; Tribal

Federalism: Yes

RIN Information URL: www.accessboard.gov/prowac/index.htm 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-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 thatelectronic 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: None

Regulatory 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: FederalFederalism: 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-AA22

View Related Documents

Title: Architectural Barriers Act (ABA) Accessibility Guidelines for Outdoor Developed Areas

Abstract: This rulemaking would establish accessibility guidelines for camping facilities, picnic facilities, viewing areas, trails, and beach access routes to ensure that the facilities are accessible to and usable by individuals with disabilities. The guidelines would apply to facilities covered by the Architectural Barriers Act (ABA) that are constructed or altered by Federal agencies, including the Army Corps of Engineers, Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, National Park Service, and U.S. Forest Service, as well as facilities constructed or altered by other entities on behalf of Federal agencies pursuant to a concession contract, agreement, or other arrangement. The Department of Defense is expected to adopt the guidelines as enforceable standards in a separate administrative action for facilities covered by the ABA that are constructed or altered by or on behalf of the Army Corps of Engineers. The General Services Administration is expected to adopt the guidelines as enforceable standards in a separate rulemaking for facilities covered by the ABA that are constructed or altered by or on behalf of other Federal agencies.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 36 CFR 1191 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 792(b)(3)
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Notice of Intent to Conduct Regulatory Negotiation 04/18/1997 62 FR 19084
Establishment of Regulatory Negotiation Committee 06/04/1997 62 FR 30546

NPRM 06/20/2007 72 FR 34074

NPRM Comment Period End 10/18/2007

Final Action 03/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

RIN Information URL: www.accessboard.gov/outdoor/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.govArchitectural and Transportation Barriers Compliance Board ( ATBCB ) RIN: 3014-AA38

View Related Documents

Title: Americans With Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles

Abstract: This rulemaking would update the accessibility guidelines for buses, over-the-road buses, and vans covered by the Americans With Disabilities Act (ADA). The accessibility guidelines for other transportation vehicles covered by the ADA, including vehicles operated in fixed guideway systems (e.g., rapid rail, light rail, commuter rail, and intercity rail) would be updated in the future. The guidelines ensure that transportation vehicles covered by the ADA are readily accessible to and usable by individuals with disabilities. The U.S. Department of Transportation (DOT) has issued enforceable standards (49 CFR part 37) that apply to the acquisition of new, used, and remanufactured transportation vehicles, and the remanufacture of existing transportation vehicles covered by the ADA. DOT is expected to update its standards in a separate rulemaking to be consistent with the updated guidelines.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: State, Local, Or Tribal Governments;
Private Sector

CFR Citation: 36 CFR 1192 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 42 USC 12204
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite
Availability of Draft Revisions to Guidelines 04/11/2007 72 FR 18179

NPRM 07/26/2010 75 FR 43748

NPRM Comment Period End 11/23/2010

Final Action 06/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Federalism: Yes
Energy Affected: Undetermined

RIN Information URL: www.access-board.gov/transit/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-AA39

View Related Documents

Title: American With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines; Emergency Transportable Housing Units

Abstract: This rulemaking would amend the Americans With Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines to specifically address emergency transportable housing units provided by the Federal EmergencyManagement Agency (FEMA) or other entities on a temporary site in response to an emergency need for temporary housing. The rulemaking seeks to ensure that newly constructed and altered emergency transportable housing units covered by the ADA or ABA are readily accessible to and usable by individuals with disabilities. The U.S. Department of Justice (DOJ) issued enforceable accessibility standards for residential facilities covered by the ADA, and the U.S. Department of Housing and Urban Development (HUD) has issued enforceable accessibility standards for residential facilities covered by the ABA. DOJ and HUD are expected to update their standards in separate rulemakings to be consistent with the amended guidelines.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 36 CFR 1191 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 792(b)(3); 42 USC 12204
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/18/2012 77 FR 36231

NPRM Comment Period End 08/17/2012

Final Action 04/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Federalism: No

RIN Information URL: www.access-board.gov/eth/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-AA40

View Related Documents

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: 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.govArchitectural and Transportation Barriers Compliance Board ( ATBCB ) RIN: 3014-AA41

View Related Documents

Title: Accessibility Guidelines for Shared Use Paths

Abstract: This rulemaking would establish accessibility guidelines for shared use paths that are designed for bicyclists and pedestrians and are used for transportation and recreation purposes. This rulemaking is merged with the rulemaking in RIN 3014-AA26 that would establish accessibility guidelines for pedestrian facilities in the public right-of-way. A second notice of proposed rulemaking (Second NPRM) in RIN 3014-AA26 would propose 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: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 36 CFR ch XI (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 29 USC 792(b)(3); 42 USC 12204
Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 03/28/2011 76 FR 17064

ANPRM Comment Period End 06/27/2011
Merged With 3014-AA26 04/24/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State

Federalism: No

RIN Information URL: www.access-board.gov/sup.htm Public Comment URL: www.regulations.gov

Related RINs: Merge with 3014-AA26 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