ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 

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 five rulemaking priorities for the Access Board in FY 2015: (A) Information 

and Communication Technology Accessibility Standards and Guidelines; (B) Americans with Disabilities 

Act (ADA) Accessibility Guidelines for Transportation Vehicles; (C) Medical Diagnostic Equipment 

Accessibility Standards; (D) Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way; 

and (E) Americans with Disabilities (ADA) Accessibility Guidelines for Passenger Vessels. 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. Information and Communication Technology Accessibility Standards and Guidelines (RIN: 

3014-AA37) 

 This rulemaking would update in a single document the 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 the accessibility guidelines for telecommunications equipment and customer 

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premises equipment covered by section 255 of the Communications Act of 1934 (47 U.S.C. 255) (Section 

255). Section 508 requires the Federal Acquisition Regulatory Council (FAR Council) and each 

appropriate Federal department or agency to revise their procurement policies and directives no later 

than 6 months after the Access Board’s publication of standards. The FAR Council has incorporated the 

accessibility standards for electronic and information technology in the Federal Acquisition Regulation (48 

CFR Chapter 1). Under Section 255, the Federal Communications Commission (FCC) is responsible for 

issuing implementing regulations and enforcing Section 255. The FCC has promulgated enforceable 

standards (47 CFR parts 6 and 7) implementing Section 255 that are consistent with the Access Board’s 

accessibility guidelines for telecommunications equipment and customer premises equipment. 

 The Access Board’s 2010 ANPRM included a proposal to amend Section 220 of the Americans 

with Disabilities Act Accessibility Guidelines (ADAAG), but, based on public comments, the ADAAG 

proposal is no longer included in this rulemaking and will be pursued separately at a later date. 

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 

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periodically review and update the standards and guidelines to reflect technological advances 

and changes. 

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.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 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 Notice of 

Proposed Rulemaking (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 influence, and has engaged extensive outreach efforts to 

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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. Baseline cost estimates of complying with Section 508 and Section 255 are made, and 

incremental costs due to the revised or new requirements are estimated for federal agencies and 

telecommunications equipment manufacturers. Anticipated benefits are also numerous, including 

hard-to quantify benefits such as increased ability for people with disabilities to obtain information 

and conduct transactions electronically. The preliminary regulatory impact assessment will be 

available at www.access-board.gov once the NPRM is published. 

 

B. Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles 

(RIN: 3014-AA38) 

 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, high speed rail and intercity rail) would be updated in a future 

rulemaking. 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. 

B.1. Statement of Need: The Access Board issued the ADA Accessibility Guidelines for 

Transportation Vehicles in 1991, and amended the guidelines in 1998 to include additional 

requirements for over-the-road buses. Level boarding bus systems were introduced in the U.S. 

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after the 1991 guidelines were issued. We are revising the 1991 guidelines to include new 

requirements for level boarding bus systems, automated stop and route announcements, and 

other changes. 

B.2. Summary of the Legal Basis: Title II of the ADA applies to State and local governments and 

Title III of the ADA applies to places of public accommodation operated by private entities. The 

ADA covers designated public transportation services provided by State and local governments 

and specified public transportation services provided by private entities that are primarily engaged 

in the business of transporting people and whose operations affect commerce. (See 42 U.S.C. 

12141 to 12147 and 12184.) Bus rapid transit systems, including level boarding bus systems, 

that provide public transportation services, are covered by the ADA. 

The Access Board is required by the ADA and the Rehabilitation Act to establish and maintain 

guidelines for the accessibility standards adopted by DOT for transportation vehicles acquired or 

manufactured by entities covered by the ADA. Compliance with the new guidelines is not 

required until DOT revises its accessibility standards for transportation vehicles acquired or 

remanufactured by entities covered by the ADA to be consistent with the new guidelines. 

B.3. Alternatives: The Access Board issued a proposed rule to revise the 1991 guidelines for 

buses, over-the-road buses, and vans in 2010. The proposed rule, comments on the proposed 

rule, correspondence received after the close of the initial comment period, and records and 

transcripts of meetings on the new ramp designs are available in the rulemaking docket at: 

http://www.regulations.gov/#!docketDetail;D=ATBCB-2010-0004. The final rule is based on 

the NPRM and public comments on the NPRM. 

B.4. Anticipated Costs and Benefits: Incremental compliance costs are estimated for new 

requirements for over-the-road buses, such as displaying the International Symbol of Accessibility 

on the window adjacent to wheelchair spaces and displaying the destination or route signs on the 

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front as well as the boarding side of the vehicles. This rulemaking would enable persons who 

have mobility disabilities, persons who have difficulty hearing or are deaf, and persons who have 

difficulty seeing or are blind to use transportation services. A full regulatory impact analysis will 

be available at www.access-board.gov, once the final rule is published. 

C. 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

NPRM in the Federal Register in 2012, 77 FR 6916, February 9, 2012. 

C.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 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. 

C.2. Summary of the Legal Basis: Section 4203 of the Patient Protection and Affordable Care Act 

(Pub. L. 111-148, 124 Stat. 570) amended Title V of the Rehabilitation Act, which establishes 

rights and protections for individuals with disabilities, by adding section 510 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 

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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 require 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 diagnostic equipment. 

C.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 

and responses to questions in the NPRM. The final rule will be based on the public comments 

and recommendations of the advisory committee. 

C.4. Anticipated Costs and Benefits: The Access Board is working 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 

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individuals with disabilities and ensure that they receive examinations, diagnostic procedures, 

and other health care services equivalent to those received by individuals without disabilities. 

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

 The rulemaking would establish accessibility guidelines to ensure that sidewalks and pedestrian 

facilities in the public right-of-way are accessible to and usable by individuals with disabilities. A

Supplemental Notice of Proposed Rulemaking consolidated this rulemaking with RIN 3014-AA41;

accessibility guidelines for shared use paths (which are multi-use paths designed primarily for use by 

bicyclists and pedestrians, including persons with disabilities, for transportation and recreation purposes). 

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 and for 

shared use paths, 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.

D.1. Statement of Need: While 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) (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 as well as shared use paths. 

D.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. 

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D.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 two drafts of the guidelines for public comment and an NPRM 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. 

D.4. Anticipated Costs and Benefits: The Access Board identified four provisions in the NPRM 

that were expected to have more than minimal monetary impacts on State and local 

governments. Three of these four requirements are related to: (1) detectable warning surfaces 

on newly constructed and altered curb ramps and blended transitions at pedestrian street 

crossings; (2) accessible pedestrian signals and pushbuttons when pedestrian signals are newly 

installed or replaced at signalized intersections; and (3) pedestrian activated signals at 

roundabouts with multi-lane pedestrian crossings. In addition, the fourth requirement for 

provision of a two percent maximum cross slope on pedestrian access routes within pedestrian 

street crossings with yield or stop control was estimated to have more than minimal monetary 

impacts on State and local governments when constructing 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 final regulatory impact assessment to accompany the final rule based on 

information provided in response to questions in the NPRM and other sources.

E. Americans with Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels (RIN: 

3014-AA11) 

 The 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 

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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. 

E.1. Statement of Need: Section 504 of the 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). 

E.2. Summary of the Legal Basis: Title II of the ADA applies to State and local governments and 

title III of the ADA applies to places of public accommodation operated by private entities. The 

ADA covers designated public transportation services provided by State and local governments 

and specified public transportation services provided by private entities that are primarily engaged 

in the business of transporting people and whose operations affect commerce. (See 42 U.S.C. 

12141 to 12147 and 12184.) 

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), 12186(c).) The 

DOT has reserved a subpart in its ADA regulations for accessibility standards for passenger 

vessels in anticipation of the Access Board issuing these guidelines. (See 49 CFR part 39, 

subpart E.) Once DOT and DOJ issue accessibility standards for the construction and alteration 

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

comply with the standards. 

E.3. Alternatives: In developing the proposed accessibility guidelines, the Access Board has 

received and considered extensive input from passenger vessel owners and operators, 

individuals with disabilities, and other interested parties for more than a decade. The Access 

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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 at: 

http://www.access-board.gov. 

E.4. Anticipated Costs and Benefits: The proposed guidelines would address the discriminatory 

effects of architectural, transportation, and communication barriers encountered by individuals 

with disabilities on passenger vessels. The estimated compliance costs for certain types of 

vessels include: (1) the incremental impact of constructing a vessel in compliance with the 

guidelines; and (2) any additional costs attributable to the operation and maintenance of 

accessible features. For certain large cruise ships, the compliance costs would include loss of 

guest rooms and gross revenues attributed to a proposed requirement for a minimum number of 

guest rooms that provide mobility features. The proposed guidelines would significantly benefit 

individuals with disabilities by affording them equal opportunity to travel on passenger vessels for 

employment, transportation, public accommodation, and leisure. Other benefits, which are 

difficult to quantify, include equity, human dignity, and fairness values. 

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