62498 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

1See 42 U.S.C. 12101 et seq. (http://

www.usdoj.gov/crt/ada/pubs/ada.txt). 2The Access Board is an independent Federal

agency established by section 502 of the

Rehabilitation Act whose primary mission is to

promote accessibility for individuals with

disabilities. The Access Board consists of 25

members. Thirteen are appointed by the President

from among the public, a majority of who are

required to be individuals with disabilities. The

other twelve are heads of the following Federal

agencies or their designees whose positions are

Executive Level IV or above: The departments of

Health and Human Services, Education,

Transportation, Housing and Urban Development,

Labor, Interior, Defense, Justice, Veterans Affairs,

and Commerce; General Services Administration;

and United States Postal Service. 3See 36 CFR part 1191, Appendix A (http://

www.access-board.gov/adaag/html/adaag.htm). 4The special application sections cover the

following facilities: restaurants and cafeterias

(ADAAG 5); medical care facilities (ADAAG 6);

business, mercantile and civic (ADAAG 7); libraries

(ADAAG 8); transient lodging (ADAAG 9);

transportation facilities (ADAAG 10); judicial,

legislative, and regulatory facilities (ADAAG 11);

and detention and correctional facilities (ADAAG

12). ADAAG 13 is reserved for housing and ADAAG

14 is reserved for public rights-of-way.

5See 63 FR 2060 (January 13, 1998) (http://

access-board.gov/adaag/kids/child/htm).

6See 28 CFR part 36, Appendix A (http://

www.usdoj.gov/crt/ada/reg3a.html). The

Department of Justice standards currently include

ADAAG 1 to 10. State and local governments

currently have the option of using ADAAG or an

earlier standard, the Uniform Federal Accessibility

Standards (UFAS), when constructing or altering

facilities under the Department of Justice

regulations for title II of the ADA. See 28 CFR

35.151(c) (http://www.usdoj.gov/crt/ada/reg2/

html). The Department of Justice has issued a notice

of proposed rulemaking to eliminate this option. 59

FR 31808 (June 20, 1994).

7 In the NPRM, the play area guidelines were

proposed to be a separate special application

section numbered ADAAG 16. In the final rule, the

play area guidelines are included in the special

application section reserved for recreation facilities

and are numbered ADAAG 15.6. ADAAG 15

eventually will include scoping and technical

provisions for other recreation facilities, including

amusement rides, boating and fishing facilities, golf,

miniature golf, sports facilities, and swimming

pools. The Access Board published a notice of

proposed rulemaking (NPRM) on these recreation

facility guidelines in the Federal Register in July

1999. See 64 FR 37326 (July 9, 1999) (http://

www.access-board.gov/recreation/recnprm.htm).

8See 63 FR 24080 (April 30, 1998) (http://

www.access-board.gov/play/nprm.htm).

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Part 1191

[Docket No. 98–2]

RIN 3014–AA21

Americans With Disabilities Act (ADA)

Accessibility Guidelines for Buildings

and Facilities; Play Areas

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Final rule.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) is issuing final

accessibility guidelines to serve as the

basis for standards to be adopted by the

Department of Justice for new

construction and alterations of play

areas covered by the Americans with

Disabilities Act (ADA). The guidelines

include scoping and technical

provisions for ground level and elevated

play components, accessible routes,

ramps and transfer systems, ground

surfaces, and soft contained play

structures. The guidelines will ensure

that newly constructed and altered play

areas meet the requirements of the ADA

and are readily accessible to and usable

by individuals with disabilities. The

Department of Justice must adopt the

guidelines as standards for them to be

enforceable under the ADA.

DATES: The guidelines are effective

November 17, 2000. The incorporation

by reference of certain publications

listed in the guidelines is approved by

the Director of the Federal Register as of

November 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC 20004–1111.

Telephone number (202) 272–5434

extension 134 (Voice); (202) 272–5449

(TTY). E-mail address:

greenwell@access-board.gov.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic

Access

Single copies of this publication may

be obtained at no cost by calling the

Access Board’s automated publications

order line (202) 272–5434, by pressing

2 on the telephone keypad, then 1, and

requesting publication S–39 (Play Areas

Final Rule). Persons using a TTY should

call (202) 272–5449. Please record a

name, address, telephone number and

request publication S–39. This

document is available in alternate

formats upon request. Persons who want

a copy in an alternate format should

specify the type of format (cassette tape,

Braille, large print, or ASCII disk). This

document is also available on the

Board’s Internet site (http://

www.access-board.gov/play/

finalrule.htm).

Background

The Americans with Disabilities Act

is a comprehensive civil rights law

which prohibits discrimination on the

basis of disability.1 Titles II and III of

the ADA require, among other things,

that newly constructed and altered State

and local government facilities, places

of public accommodation, and

commercial facilities be readily

accessible to and usable by individuals

with disabilities. Recreation facilities,

including play areas, are among the

types of facilities covered by titles II and

III of the ADA.

The Architectural and Transportation

Barriers Compliance Board (Access

Board) is responsible for developing

accessibility guidelines to ensure that

new construction and alterations of

facilities covered by titles II and III of

the ADA are readily accessible to and

usable by individuals with disabilities.2

The Access Board initially issued the

Americans with Disabilities Act

Accessibility Guidelines (ADAAG) in

1991.3 ADAAG contains general scoping

and technical provisions (ADAAG 1 to

4) that apply to all types of facilities,

and special application sections

(ADAAG 5 to 12) that include additional

scoping and technical provisions for

certain types of facilities.4 The technical

provisions are generally based on adult

dimensions and anthropometrics. In

1998, ADAAG was amended to include

technical provisions based on children

dimensions and anthropometrics for

building elements designed specifically

for children ages 12 and younger.5

The Department of Justice is

responsible for issuing regulations to

implement titles II and III of the ADA.

The regulations issued by the

Department of Justice must include

accessibility standards for newly

constructed and altered facilities

covered by titles II and III of the ADA.

The standards must be consistent with

the accessibility guidelines issued by

the Access Board. The Department of

Justice has adopted ADAAG as the

Standard for Accessible Design for title

III of the ADA.6

This final rule amends ADAAG by

adding a new special application

section for play areas (ADAAG 15.6)

that includes scoping and technical

provisions for ground level and elevated

play components, accessible routes,

ramps and transfer systems, ground

surfaces, and soft contained play

structures.7 The Access Board published

a notice of proposed rulemaking

(NPRM) on the play area guidelines in

the Federal Register in April 1998.8 The

NPRM describes the full history of the

rulemaking. The play area guidelines

were developed through regulatory

negotiation, a supplement to the

traditional rulemaking process that

allows face-to-face negotiations among

representatives of affected interests in

order to achieve consensus on the text

of a proposed rule. The regulatory

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62499

9The following organizations were represented

on the regulatory negotiation committee: American

Society of Landscape Architects, ASTM Public

Playground Subcommittee F15.29, ASTM Soft

Contained Play Subcommittee F15.36, ASTM

Playground Surfacing Systems Subcommittee

F08.63, International Play Equipment

Manufacturers Association, National Association of

Counties, National Association of Elementary

School Principals, National Child Care Association,

National Council on Independent Living, National

Easter Seal Society, National League of Cities,

National Parent-Teacher Association, National

Recreation and Park Association, Spinal Bifida

Association of America, TASH, United Cerebral

Palsy Associations, and U.S. Access Board.

10The U.S. Consumer Product Safety Commission

recommends that for younger children, playgrounds

have separate areas with appropriately sized

equipment and materials to serve their

developmental levels. See Handbook for Public

Playground Safety p. 8 (http://cpsc.gov/cpscpub/

pubs/325.pdf). 11The factors on which this assumption is based

are discussed later in this preamble under

Regulatory Process Matters, Executive Order 12866:

Regulatory Planning and Review, Baseline.

12According to NCCA, the average licensed

capacity for child care facilities is 70 children. At

50 square feet to 75 square feet minimum per child,

the average child care facility would have a

minimum of 3,500 square feet to 5,250 square feet

of play space.

13For the final rule, the economic assessment

estimates that there are 102,458 licensed child care

facilities, and that 80 percent to 100 percent of

these facilities have play areas. The economic

assessment assumes the following size distribution

of play areas among child care facilities: 60 percent

small, 30 percent medium, and 10 percent large.

negotiation committee represented a

variety of interests, including play

equipment manufacturers, landscape

architects, parks and recreation

facilities, city and county governments,

schools, child care facilities, and people

with disabilities.9 The regulatory

negotiation committee conducted

meetings in various cities across the

country and sought public participation

throughout the process. The regulatory

negotiation committee reached

consensus on proposed guidelines for

play areas and public comment was

sought on the proposed guidelines

through the NPRM. The Access Board

held a public hearing in Denver,

Colorado during the comment period.

Approximately 100 comments were

received on the NPRM.

The Department of Justice must adopt

the play area guidelines as standards for

them to be enforceable under the ADA.

General Issues

General issues pertaining to the

application of the play area guidelines

are discussed below. The specific

provisions of the guidelines are

discussed under the Section-by-Section

Analysis.

Child Care Facilities

Comment. The National Child Care

Association (NCCA) questioned the

estimated cost impact of the play area

guidelines on child care facilities.

NCCA claimed that the cost would be

prohibitive for child care facilities.

Child care providers who testified at the

public hearing in Denver reiterated

NCCA’s concerns and noted that the

guidelines would have the greatest

impact on family child care providers.

NCCA requested that carrying and

lifting children on play areas be

permitted as ‘‘alternative accessibility’’

or ‘‘equivalent facilitation,’’ or that play

areas in child care facilities for children

ages 5 and under be exempted from the

guidelines.

Response. NCCA was a member of the

regulatory negotiation committee that

reached consensus on the play area

guidelines. The regulatory negotiation

committee discussed various issues

associated with play areas within child

care facilities at great length. The

regulatory negotiation committee

limited application of the guidelines to

play areas designed and constructed for

children ages two and over. The

regulatory negotiation committee also

included provisions in the guidelines to

address concerns related to smaller

facilities, including child care facilities.

For example, transfer systems are

permitted instead of ramps to provide

access to composite play structures with

less than 20 elevated play components.

Accessible routes at ground level are

permitted to be 44 inches minimum

wide, instead of 60 inches minimum

wide, in play areas with less than 1,000

square feet. These provisions lessen the

cost impact of the guidelines on smaller

facilities.

For the NPRM, it was estimated that

there would be no cost impact on child

care facilities. This estimate was based

on several assumptions. First, it was

assumed that all child care facilities

would have small play areas. The

economic assessment for the NPRM

used a model of a small play area to

represent play areas typically found in

child care facilities. The model included

two separate play areas totaling 920

square feet: one for infants and toddlers

under age two, which is not covered by

the guidelines; and one for pre-school

children ages two through five, which is

covered by the guidelines.10 The play

area for the pre-school children

included a composite play structure

with 4 elevated play components on a

single deck, 4 ground level play

components, and a moveable play

activity. The economic assessment

assumed that, in the absence of the

guidelines, if such a play area was

designed and constructed in the future,

it would have a transfer platform and

steps that would make the composite

play structure accessible.11 Thus, the

guidelines would not have any cost

impact on the composite play structure.

The economic assessment also assumed

that, in the absence of the guidelines,

the play area would have a ground

surface of engineered wood fiber, or a

combination of rubber and loose fill

materials that would provide an

adequate accessible route to the

composite play structure and to a

sufficient number of ground level play

components. Thus, the guidelines

would not have any cost impact on the

ground surface.

NCCA claimed that play areas in child

care facilities are much larger than the

model used in the economic assessment

because most States require child care

facilities to provide more than 1,000

square feet of play space. The Access

Board has reviewed each State’s

licensing requirements for child care

facilities. About two-thirds of the States

require that a minimum of 50 square

feet to 75 square feet of play space be

provided for each child.12 However, the

State requirements are expressed

generally in terms of ‘‘play space,’’ not

‘‘playgrounds.’’ The Access Board

contacted over 125 child care facilities

around the country and found that most

of their playgrounds have 4 to 7 play

components (the average number of play

components was 4.7 components).

Furthermore, all the children enrolled

in a child care facility do not use the

playground at the same time, but rather

the children use the playground in

smaller groups. Play area equipment

catalogues show designs similar to the

model used in the economic assessment

for pre-school children. This additional

information supports the assumption

made in the economic assessment

regarding the size of play areas and

number of play components in child

care facilities.13

Based on comments from child care

facilities, the assumption made in the

economic assessment for the NPRM

regarding the type of ground surface

materials used for play areas in child

care facilities has been changed. For the

final rule, the economic assessment

assumes that, in the absence of the

guidelines, the ground surface material

will be a loose fill such as sand or wood

chips. The cost difference between

using loose fill and engineered wood

fiber is $300 to $950, and the cost

difference between using loose fill and

a combination of rubber and loose fill is

$946 to $2,215. When maintenance

costs for the various ground surface

materials are factored in, the cost

difference over a fifteen year life cycle

62500 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

14See Tax Incentives Packet on the ADA

(http://www.usdoj.gov/crt/ada/taxpack.htm).

15See 42 U.S.C. 5305(a)(5). The U.S. Department

of Housing and Urban Development reports that

local governments spent over $40 million of

Community Development Block Grant funds on

architectural barrier removal projects in fiscal year

1999.

16See Appendix A to 28 CFR 35.150(b)(1)

(http://www.usdoj.gov/crt/ada/reg2.html). See also

Rameriez v. District of Columbia, No. 99–803 (TFH)

(D.D.C. March 27, 2000) where the court decided

that assigning an aide to carry a child with cerebral

palsy into an inaccessible restroom in a public

school violates the ADA.

17See 28 CFR 36.201, 36.207 and 36.304

(http://www.usdoj.gov/crt/ada/reg3a.html). For

additional guidance, see Commonly Asked

Questions About Child Care Centers and the

Americans with Disabilities Act (http://

www.usdoj.gov/crt/ada/childq%26a.html).

18See note 7, supra.

19See 28 CFR 36.307 (http://www.usdoj.gov/crt/

ada/reg3a/html).

range from a cost savings of $190 to a

cost increase of $460 for engineered

wood fiber, and from a cost savings of

$260 to a cost increase of $1,000 for a

combination of rubber and loose fill.

These cost savings or cost increases are

not prohibitive. Additionally, small

businesses that have revenues of $1

million or less, or 30 or fewer full-time

workers are entitled to a 50 percent tax

credit for expenses to remove

architectural barriers in their facilities,

up to a maximum expenditure of

$10,250; and a tax deduction of $15,000

a year is also available for architectural

barrier removal, regardless of business

size.14 Child care facilities that remove

architectural barriers in their existing

play areas by replacing loose fill with

accessible ground surfaces and by

providing ramps and transfer systems to

composite play structures may use the

tax credit and tax deduction in

combination. In addition, federal funds

are available through the Community

Development Block Grant Program to

remove architectural barriers in existing

facilities.15 State and local governments

may use these funds to remove

architectural barriers in existing play

areas in publicly operated and privately

operated child care facilities.

It has been a long standing

interpretation of civil rights laws for

individuals with disabilities that

carrying and lifting are ineffective and

unacceptable methods for providing

accessibility, and thus NCCA’s request

in this regard cannot be accepted.16

Challenge and skill development are

both a part of the play experience, and

children with disabilities are capable of

enjoying this experience.

An exception has been added to the

final rule that exempts family child care

facilities where the proprietor actually

resides from the play area guidelines.

These family child care facilities are

located in private homes. State licensing

requirements generally set a maximum

capacity of 12 children for these home

based child care facilities and they

usually care for a smaller number of

children. There are important

differences, besides size, between home

based child care facilities and center

based child care facilities. Center based

child care facilities typically purchase

public playground equipment costing an

average of $7,000, for which accessible

products are available. Family child

care facilities on the other hand

typically purchase home playground

equipment costing from $100 for a

simple swing set to $1,000 for more

elaborate systems, for which accessible

products may not be readily available.

Family child care facilities place the

playground equipment in the front or

back yards of their homes, which

typically consist of grass or dirt and may

not provide the types of ground surfaces

used at public playgrounds. The cost of

providing ground surfaces complying

with the play area guidelines could far

exceed the cost of purchasing home

playground equipment and result in the

home owner deciding not to provide

any playground equipment or to

purchase moveable playground

equipment, which would not be covered

by the guidelines.

Family child care facilities must still

comply with all the other requirements

of the ADA, including the general

obligation to provide equal opportunity

to individuals with disabilities to enjoy

the services of their facilities and to

remove architectural barriers in existing

facilities where it is readily achievable

(i.e., easily accomplishable and able to

be carried out without much difficulty

or expense).17

Amusement Attractions

Comment. The International

Association of Amusement Parks and

Attractions (IAAPA) requested that

amusement attractions and amusement

rides be exempt from the play area

guidelines.

Response. An exception has been

added to the final rule that exempts

amusement attractions located in

amusement parks and theme parks from

the play area guidelines, except the

provisions for soft contained play

structures. The exception is limited and

applies to amusement attractions such

as fun houses and barrels. If an

amusement park or theme park has an

eating place or picnic area that provides

commonly used playground equipment,

the playground equipment is not

considered an amusement attraction and

must comply with the play area

guidelines.

Amusement attractions are not

exempt from the other provisions of

ADAAG. For example, assembly areas

with fixed seats where entertainment is

provided must provide wheelchair

seating spaces complying with ADAAG

4.33 (Assembly Areas). Amusement

attractions which have unique designs

and features that are not adequately

addressed by ADAAG must comply

with ADAAG to the extent possible.

Where ADAAG cannot be fully applied

to amusement attractions, operators of

amusement parks and theme parks are

still subject to all the other requirements

of the ADA, including the general

obligation to provide individuals with

disabilities an equal opportunity to

enjoy the goods and services provided

by their facilities.

The play area guidelines do not apply

to amusement rides. The NPRM on

recreation facilities proposed to add

scoping and technical provisions to

ADAAG for amusement rides.18

Comment. IAAPA also claimed that

the play area guidelines conflict with a

Department of Justice regulation for title

III of the ADA, which provides that

public accommodations are not required

to alter their inventory to include

accessible or special goods that are

designed for individuals with

disabilities, such as books in alternate

formats (e.g., Braille or audio tape),

closed-captioned videotapes, specially

sized or designed clothing, and special

foods to meet particular dietary needs.19

Response. The Department of Justice

regulation referenced by IAAPA applies

to retail merchandise sold by public

accommodations, and not to the design,

construction, or alteration of facilities.

Amusement rides are not retail

merchandise. The regulation does not

limit the other requirements of the ADA,

including the requirement that new

construction and alterations of facilities

be readily accessible to and usable by

individuals with disabilities.

Water Play Components

Comment. Commenters requested that

the play area guidelines address water

play components. Water play

components incorporate water into the

play experience. Water play

components may be stand alone or part

of a composite structure, and may be

located in shallow water or pools.

Response. With regard to water play

components located in shallow water or

pools, the NPRM on recreation facilities

requested additional information on

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62501

20See note 7, supra.

21For additional guidance, see II–6.2100 of the

Department of Justice ADA Title II Technical

Assistance Manual Supplement (http://

www.usdoj.gov/crt/ada/taman2up.html) and III–

5.3000 of the Department of Justice ADA Title III

Technical Assistance Manual (http://

www.usdoj.gov/crt/ada/taman3.html)

22See 28 CFR 36.403(f)(1) (http://www.usdoj.gov/

crt/ada/reg3a.html).

23State and local governments who operate play

areas have a separate obligation under title II of the

ADA to provide program accessibility which may

require the removal of architectural barriers in

existing facilities. See 28 CFR 35.150 (http://

www.usdoj.gov/crt/ada/reg2.html).

Private entities who operate play areas have a

separate obligation under title III of the ADA to

remove architectural barriers in existing facilities

where it is readily achievable (i.e., easily

accomplishable and able to be carried out without

much difficulty or expense). See 28 CFR 36.304

(http://www.usdoj.gov/crt/ada/reg3a.html).

Tax credits and deductions are available to

private entities for architectural barrier removal in

existing facilities. See note 14, supra. Federal funds

also are available through the Community

Development Block Grant Program to remove

architectural barriers in existing facilities. See note

15, supra. State and local governments may use

Community Development Block Grant funds to

remove architectural barriers in publicly and

privately operated facilities.

those water play components.20 Water

play components located in shallow

water or pools will be addressed in the

final rule on recreation facilities.

With regard to water play components

not located in shallow water or pools,

the play area guidelines apply to these

water play components. Where these

water play components are located at

the ground level, the provisions for

ground level play components apply,

including locating one of each type on

an accessible route. Where these water

play components are elevated, the

provisions for elevated play components

apply.

Unique Play Areas

Comment. Commenters requested

clarification regarding application of the

guidelines to play areas with unique

designs and features. They provided

examples of children’s gardens,

challenge courses, rock climbing walls,

and tree houses. A manufacturer of

interactive play systems claimed that

the scoping and technical provisions

were not appropriate for its play areas.

Response. A play area is a portion of

a site containing play components

designed and constructed for children.

Play components are defined broadly to

include elements intended to generate

specific opportunities for play,

socialization, or learning. Play

components may be manufactured or

natural. The scoping and technical

provisions of the play area guidelines

were developed to address commonly

used playground equipment and

structures. There will be play areas that

have unique designs and features which

are not adequately addressed by the

guidelines. In those situations, the play

area guidelines and the rest of ADAAG

are to be applied to the extent possible.

An accessible route must be provided to

the play area. Where there are multiple

play components, the scoping

provisions for ground level and elevated

play components are to be used to

determine how many play components

must be located on an accessible route.

Where a play area has unique features

for which there are no applicable

scoping provisions, then a reasonable

number, but at least one, of the features

must be located on an accessible route.

Where there are appropriate technical

provisions, they must be applied to the

elements that are covered by the scoping

provisions. Where a play area has

unique designs for which the technical

provisions are not appropriate, the

operators of those play areas are still

subject to all the other requirements of

the ADA, including the general

obligation to provide individuals with

disabilities an equal opportunity to

enjoy the goods and services provided

by their facilities.21

Interactive play systems include a

wide variety of structures. Some are

similar to commonly used playground

equipment and soft contained play

structures, and can comply with

applicable provisions of the play area

guidelines. Others include water play

components located in shallow water or

pools. As discussed above, water play

components located in shallow water or

pools will be addressed in the final rule

on recreation facilities. Still others are

multi-level indoor structures that are

supervised. Platform lifts may provide

an appropriate design solution to

provide access to those structures.

Alterations and Additions

Comment. Commenters requested

clarification regarding how the play area

guidelines apply to alterations,

especially where play components are

replaced in existing play areas and the

existing ground surface is not

accessible.

Response. ADAAG 4.1.6 (Accessible

Buildings: Alterations) contains general

scoping provisions relating to

alterations. ADAAG 4.1.6(1)(b) provides

that when an existing element or space

is altered, the altered element or space

must comply with the applicable

provisions for new construction. If it is

technically infeasible for the altered

element or space to fully comply with

the applicable new construction

provisions, ADAAG 4.1.6(j) requires that

the alterations provide for accessibility

to the maximum extent feasible.

ADAAG 4.1.6(1)(b) also provides that

when the applicable provisions for new

construction require that an element or

space be located on an accessible route,

the altered element or space is not

required to be located on an accessible

route, unless required by ADAAG

4.1.6(2) (Alterations to an Area

Containing a Primary Function).

ADAAG 4.1.6(2) provides that, when an

area containing a primary function is

altered, an accessible path of travel must

be provided to the altered area unless

the cost and scope of alterations to

provide an accessible path of travel is

disproportionate to the overall

alterations as determined under criteria

established by the Department of

Justice. The Department of Justice

regulations for title III of the ADA deem

alterations to provide an accessible path

of travel disproportionate when the cost

exceeds 20 percent of the cost of the

overall alterations.22

When play areas are altered, the

provisions of ADAAG 4.1.6 apply. For

example, the swings are replaced in an

existing play area that has a sand

ground surface. The sand does not have

to be replaced with an accessible surface

to provide an accessible path of travel

to the swings if the cost of altering the

ground surface exceeds 20 percent of

the cost of replacing the swings. An

exception has been added to the final

rule to clarify the application of ADAAG

4.1.6 to this situation. The exception is

limited to alterations where the play

components are altered, but the ground

surface is not altered. An accessible

ground surface does not have to be

provided, unless required by ADAAG

4.1.6(2) (i.e., the ground surface does

not have to be altered if the cost exceeds

20 percent of the cost of replacing the

play components). The exception

exempts operators from having to

provide an accessible ground surface

not only for accessible routes, but also

for clear floor or ground spaces and

maneuvering spaces adjacent to the

altered play components since it would

not be practical to provide discrete

spaces of accessible ground surfacing

without connecting the spaces with an

accessible route.23

Normal maintenance activities

performed on play areas such as

replacing worn ropes or topping off

ground surfaces are not considered

alterations. However, if the entire

ground surface is replaced, the ground

surface must comply with the play areas

guidelines and provide an accessible

route to the required number and types

of ground level play components and

62502 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

24See note 7, supra. 25See note 21, supra.

composite play structures. Replacing the

entire ground surface would not require

an additional number or types of ground

level play components to be added, if

there was not a sufficient number or

types provided to comply with the

guidelines prior to the alterations, nor

would it require alterations to

composite play structures that were not

otherwise planned.

Comment. Commenters also requested

clarification regarding how the

guidelines apply to play areas designed

and constructed in phases over several

years.

Response. A provision has been

added to the final rule to clarify that

where play areas are designed and

constructed in phases, the guidelines

are to be applied so that when each

successive addition is completed, the

entire play area complies with all

applicable provisions of the guidelines.

For example, a play area is built in two

phases. In the first phase, there are 10

elevated play components; and 10

elevated play components are added in

the second phase for a total of 20

elevated play components. When the

first phase is completed, at least 5

elevated play components must be

located on an accessible route, and at

least 3 ground level play components,

including at least 3 different types, must

be provided on an accessible route.

When the second phase is completed, at

least 10 elevated play components must

be located on an accessible route, and at

least 7 ground level play components,

including 4 different types, must be

provided on an accessible route. Ramps

must be used to connect at least 5 of the

elevated play components and transfer

systems are permitted to be used to

connect the rest of the elevated play

components required to be located on

an accessible route.

Where ground level play components

are added in phases, the additional

ground level play components do not

have to be located on an accessible route

if at least one of each type requirement

is met and a sufficient number and

types of ground level play components

are provided on an accessible route

based on the number of elevated play

components. For example, a newly

constructed play area has two spring

rockers and one of the spring rockers is

located on an accessible route. Two

more spring rockers are later added to

the play area. An accessible route is not

required to connect to the additional

spring rockers, provided that a sufficient

number and types of ground level play

components are provided on an

accessible route based on the number of

elevated play components.

Section-by-Section Analysis

The specific provisions of the play

area guidelines and the comments

received on each provision are

discussed below.

3.5 Definitions

Definitions are added to ADAAG 3.5

(Definitions) for the following terms

used in the play area guidelines:

amusement attraction, elevated play

component, ground level play

component, play area, play component,

soft contained play structure, and use

zone. Several of the definitions are

revised in the final rule for clarity.

Comment. Commenters questioned

the reference to the ASTM F 1487–95

standard in the definition of ‘‘play area’’

in the NPRM. The ASTM standard is a

voluntary safety standard for public

playground equipment. Commenters

questioned whether the play area

guidelines would apply if a play area

was not designed and constructed in

accordance with the ASTM standard.

Response. The reference to the ASTM

F 1487–95 standard has been removed

from the definition of ‘‘play area’’ in the

final rule.

Comment. Designers and operators

requested clarification of the definition

of ‘‘play component’’ and how to

distinguish between ground level and

elevated play components.

Response. The definition of ‘‘elevated

play component’’ has been modified in

the final rule to include the definition

of a composite play structure. Appendix

notes (A15.6.2 and A15.6.3) have been

added to provide guidance on how to

distinguish between ground level and

elevated play components.

15.6 Play Areas

In the NPRM, the play area guidelines

were proposed to be a separate special

application section numbered ADAAG

16. In the final rule, the play area

guidelines are included in the special

application section reserved for

recreation facilities and are numbered

ADAAG 15.6.24 The guidelines have

been edited and reorganized for clarity.

Appendix notes have been added to

provide guidance on the guidelines. The

appendix notes are advisory only.

15.6.1 General

The play area guidelines apply to play

areas designed and constructed for

children ages two and over. Where

separate play areas are provided within

a site for specified age groups (e.g.,

preschool (ages 2 to 5) and school age

( ages 5 to 12)), each play area must

comply with the guidelines. Where play

areas are designed or constructed in

phases, the guidelines are to be applied

so that when each successive addition is

completed, the entire play area complies

with all the applicable provisions of the

guidelines.

Comment. Commenters requested

clarification regarding how to apply the

guidelines where separate play areas are

provided within a site for different age

groups.

Response. As noted above, the section

has been revised in the final rule to

clarify that each play area within a site

provided for specified age groups must

comply with the guidelines.

Comment. Commenters representing

children with disabilities were

concerned that the guidelines do not

apply to play areas for children under

age two.

Response. There is not sufficient

information to develop guidelines for

play areas for children under age two.

Although there are no guidelines for

play areas for children under age two,

operators of those play areas are subject

to all the other requirements of the

ADA, including the obligation to

provide individuals with disabilities an

equal opportunity to enjoy the goods

and services provided by their facilities.

15.6.1 Exception 1

Exception 1 is further discussed

under General Issues. The exception

exempts play areas located in family

child care facilities where the proprietor

actually resides from the play area

guidelines. Family child care facilities

must still comply with all the other

requirements of the ADA, including the

general obligation to provide equal

opportunity to individuals with

disabilities to enjoy the services of their

facilities and to remove architectural

barriers in existing facilities where it is

readily achievable (i.e., easily

accomplishable and able to be carried

out without much difficulty or

expense).25

15.6.1 Exception 2

Exception 2 permits operators to

relocate play components in existing

play areas for the purpose of creating

safe use zones. Where the ground

surface is not changed or extended for

more than one use zone, the guidelines

do not apply.

Comment. A commenter questioned

whether this exception applies when

more than one play component is

moved. To create safe use zones, usually

more than one play component must be

moved.

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62503

Response. Exception 2 applies

regardless of the number of play

components moved, provided that the

surface is not changed or extended for

more than one use zone for each play

component moved.

15.6.1 Exception 3

Exception 3 is further discussed

under General Issues. The exception

provides that where play components

are altered and the ground surface is not

altered, the ground surface is not

required to comply with the guidelines,

unless required by ADAAG 4.1.6(2)

(Alterations to an Area Containing a

Primary Function).

15.6.1 Exception 4

Exception 4 is further discussed

under General Issues. The exception

exempts amusement attractions in

amusement parks and theme parks from

the play area guidelines, except the

provisions for soft contained play

structures. The exception is limited and

applies to amusement attractions such

as fun houses and barrels. If an

amusement park or theme park has an

eating place or picnic area that provides

commonly used playground equipment,

the playground equipment is not

considered an amusement attraction and

must comply with 15.6. Amusement

attractions are not exempt from the

other provisions of ADAAG. Operators

of amusement parks and theme parks

are still subject to the other

requirements of the ADA, including the

general obligation to provide

individuals with disabilities an equal

opportunity to enjoy the goods and

services provided by their facilities.

15.6.1 Exception 5

Exception 5 exempts play areas from

complying with the provisions for

protruding objects in ADAAG 4.4

(Protruding Objects). ADAAG 4.4

generally prohibits protrusions along

circulation paths from projecting more

than 4 inches, if the leading edge is

above 27 inches and below 80 inches.

ADAAG 4.4 also requires a minimum

head clearance of 80 inches. No

comments were received on this

exception.

15.6.1 Exception 6

Exception 6 has been added to the

final rule in response to comments from

manufacturers who requested

clarification regarding whether ADAAG

4.9 (Stairs) applies to composite play

structures. The exception provides that

stairs are not required to comply with

ADAAG 4.9 since ramps and transfer

systems are used to provide access to

elevated play components. The

exception also eliminates any potential

conflicts between the technical

provisions for stairs and transfer

systems.

15.6.2 Ground Level Play Components

This section contains the scoping

provisions for ground level play

components. Ground level play

components provided to comply with

15.6.2.1 are permitted to satisfy the

number required by 15.6.2.2, if the

minimum required types of play

components are provided. Where more

than one ground level play component

is required by 15.6.2.1 and 15.6.2.2, the

play components must be integrated in

the play area.

Comment. A parent of a child with a

hearing impairment who has a cochlear

implant commented that some play

equipment materials such as plastic

slides generate static electricity when

children move across the surfaces. The

static electricity can damage cochlear

implants and result in the need to

replace them surgically. The commenter

recommended that 50 percent of play

components be metal.

Response. Consistent with the rest of

ADAAG, the play area guidelines do not

specify the materials to be used in play

components. Designers and operators

specify materials giving consideration to

maintenance, climate, use, cost, and

other factors. Manufacturers often add

substances to plastics to reduce static

electricity. The additives may lose their

effectiveness over time in the outdoor

environment or compromise the

strength of the plastic. The type of

clothing worn by a child and the

humidity also may affect whether static

electricity is generated by plastics. Some

operators specify stainless steel slides to

prevent or reduce vandalism. However,

stainless steel slides are not widely used

in warmer climates due to the potential

for skin burns.

Comment. Commenters requested

clarification regarding how to apply the

provision that ground level play

components required by 15.6.2.1 and

15.6.2.2 must be integrated. They

provided examples where passive play

components, such as activity panels, are

separated from more active play

components, such as swings, to ensure

safety, and asked whether this type of

separation would be considered

integrated.

Response. The intent of this provision

is to ensure that ground level play

components which can be accessed by

children with disabilities are integrated

with other ground level play

components. Grouping all ground level

play components that can be accessed

by children with disabilities in one part

of the play area would not be

considered integrated. Where certain

types of ground level play components

are separated for safe use, the

integration provision can still be met.

For example, if one part of the play area

has activity panels and another part has

swings, as long as an accessible route

connects to both parts of the play area

and at least one activity panel and at

least one swing is located on the

accessible route, the ground level play

components would be integrated.

15.6.2.1 General

This section requires that at least one

of each type of ground level play

component provided must be located on

an accessible route complying with

15.6.4 and must also comply with

15.6.6.

Comment. Designers and operators

requested clarification regarding

distinguishing between the types of

ground level play components provided.

For example, they asked whether a

straight slide would be considered the

same type of play component as a spiral

slide. Commenters representing

children with disabilities emphasized

the need to ensure diversity or variety

of play experiences for children with

disabilities.

Response. An appendix note (A15.6.2)

has been added to provide guidance on

how to distinguish between the types of

ground level play components provided.

The general experience provided by the

play component will distinguish

between the types of play components

provided. Examples of different types of

experiences include rocking, swinging,

climbing, spinning, and sliding. A spiral

slide may provide a slightly different

experience from a straight slide, but

sliding is the general experience and

therefore a spiral slide would not be

considered a different type of play

component than a straight slide.

15.6.2.2 Additional Number and Types

This section requires that, where

elevated play components are provided,

additional ground level play

components must be provided. The

additional ground level play

components must be located on an

accessible route complying with 15.6.4

and must also comply with 15.6.6.

Comment. The NPRM proposed that

the additional number of ground level

play components be equal to at least 50

percent of the total number of elevated

play components. Commenters

considered this number excessive.

Response. The regulatory negotiation

committee proposed this provision in

order to provide additional play

opportunities for children with

62504 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

disabilities at the ground level since

only a minimum of 50 percent of

elevated play components would be

connected by ramps or transfer systems.

The regulatory negotiation committee

also was concerned that some children

with disabilities would be unable to or

would choose not to use transfer

systems to access elevated play

components and wanted to provide

additional play opportunities at the

ground level for those children. The

provision has a significant cost impact

on play areas due to the cost of

providing the additional ground level

play components and, depending on the

surface material used, the cost of

providing an accessible route to the

additional ground level play

components.

The provision has been modified in

the final rule. Table 15.6.2.2 has been

added to the final rule which requires

that ground level play components

complying with the guidelines be

provided in a number equal to at least

approximately one-third of the total

number of elevated play components.

The table also requires that the

additional ground level play

components include different types of

play experiences. The table reduces the

cost impact on play areas and ensures

that there will be a diversity or variety

of play opportunities for children with

disabilities at the ground level.

15.6.2.2 Exception

This exception has been modified in

the final rule. The exception exempts

play areas from having to provide the

additional number and types of ground

level play components required by

15.6.2.2 if at least 50 percent of the

elevated play components are connected

by a ramp and at least 3 of the elevated

play components connected by the ramp

are different types of play components.

Comment. The NPRM proposed to

exempt play areas from having to

provide additional ground level play

components if all the elevated play

components are connected by a ramp.

Designers and operators commented

that the proposed exception was too

stringent.

Response. The exception has been

modified in the final rule as discussed

above. The exception is intended to

encourage designers and operators to

connect the number of elevated play

components required by 15.6.3 with

ramps instead of transfer systems

because ramps are the preferred means

of access for many children with

disabilities.

15.6.3 Elevated Play Components

This section requires that at least 50

percent of elevated play components

must be located on an accessible route

complying with 15.6.4. Elevated play

components connected by a ramp must

comply with 15.6.6.

Comment. Commenters representing

children with disabilities expressed

concern that the guidelines do not

require elevated play components

located on an accessible route to be

dispersed or located on different parts of

a composite play structure.

Response. Dispersion is not

specifically required because requiring

at least 50 percent of elevated play

components to be located on an

accessible route should provide for an

adequate level of dispersion.

15.6.4 Accessible Routes

This section requires that at least one

accessible route complying with

ADAAG 4.3 (Accessible Route), as

modified by 15.6.4, be provided.

Comment. Designers expressed

concern that the technical provisions for

accessible routes would restrict

creativity and innovation in the design

of challenging play areas.

Response. The technical provisions

for accessible routes provide minimum

criteria for designers to make play areas

accessible to children with disabilities.

Consideration should be given to the

general layout of the play area, and

specifically to integrating elements and

spaces that can be accessed by children

with disabilities within the area.

Designers are not prohibited from

providing other circulation paths and

spaces that do not conform to the

guidelines, if an accessible route is

provided. ADAAG 2.2 (Equivalent

Facilitation) also allows for departure

from specific technical provisions

where designs may provide

substantially equivalent or greater

access.

15.6.4 Exception 1

Exception 1 permits a transfer system

to connect elevated play components,

except where 20 or more elevated play

components are provided, no more than

25 percent of the elevated play

components are permitted to be

connected by a transfer system. The rest

of the elevated play components

required to be located on an accessible

route must be connected by a ramp.

Comment. Some operators and

manufacturers requested that the use of

transfer systems not be limited based on

the number of elevated play

components provided. Some

commenters representing children with

disabilities requested that transfer

systems not be permitted at all.

Response. The exception has not been

modified in the final rule. The

regulatory negotiation committee

extensively discussed the issue of when

ramps should be required to connect

elevated play components. The

regulatory negotiation committee

considered the cost of ramps in relation

to the size of composite play structures,

and the potential that ramps might have

a negative impact on play value or on

the number of play components

provided. Although ramps are preferred

over transfer systems, transfer systems

are usable by some children with

disabilities.

Comment. Commenters requested

clarification regarding how the number

of elevated play components would be

counted. They asked whether a double

or triple slide that is part of a composite

play structure would be counted as one

elevated play component or more than

one elevated play component.

Response. An appendix note (A15.6.3)

has been added to clarify that a double

or triple slide is considered one elevated

play component.

15.6.4 Exception 2

Exception 2 permits an elevated play

component to connect to another

elevated play component in lieu of an

accessible route where a transfer system

is provided. No comments were

received on this exception.

15.6.4 Exception 3

Exception 3 permits platform lifts

complying with ADAAG 4.11 (Platform

Lifts—Wheelchair Lifts) and applicable

State or local codes to be used as part

of an accessible route.

Comment. Operators considered

platform lifts hazardous and difficult to

maintain since they must be

independently usable.

Response. The exception has been

retained in the final rule. The exception

allows operators the discretion to decide

whether a platform lift is appropriate for

a specific play area after giving due

consideration to the location, level of

supervision provided, and other

relevant factors.

15.6.4.1 Location

This section provides that accessible

routes must be located within the

boundary of the play area and must

connect ground level play components

required by 15.6.2.1 and 15.6.2.2, and

elevated play components required by

15.6.3, including their entry and exit

points.

Comment. Commenters questioned

why accessible routes must connect

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62505

26See not 5, supra.

stairs and exit points at stand alone

slides. They maintained that accessible

routes at these locations have limited

utility because children with disabilities

cannot often climb stairs or transfer

independently from exit points of

slides.

Response. This provision is intended

to provide children with disabilities a

circulation path to a variety of play

components without affecting the

challenge incorporated in play areas.

Some children with disabilities,

especially those who use mobility

devices that assist in walking or

standing, will benefit from an accessible

route connecting play components,

including stand alone slides. Others

may not be able to use certain play

components independently, but may

enjoy the experience with assistance.

An accessible route at exit points allows

children with disabilities to negotiate

through an accessible surface and to

return to mobility devices with dignity.

15.6.4.2 Protrusions

This section prohibits objects from

protruding into accessible routes at or

below 80 inches above the surface. The

provision has been revised in the final

rule to apply only to ground level

accessible routes in order to permit

roofs on elevated play structures lower

than 80 inches above the deck or

platform.

15.6.4.3 Clear Width

This section specifies the dimensions

for the clear width for accessible routes

within play areas.

Comment. Commenters questioned

why a 60 inch minimum clear width is

required for ground level accessible

routes when the final rule on children’s

elements did not modify the width of

the accessible route for other types of

facilities serving children.26

Response. The ground level accessible

route in a play area is unique since the

route may be the only area where

accessible surfacing is provided. When

the accessible route is the only

accessible surface, it is likely that

children with disabilities will be

restricted to that small portion of the

play area while other children are not so

restricted. Furthermore, 60 inches is the

minimum clear width necessary for

turning.

Comment. Commenters noted that

children who use wheelchairs leave

their mobility devices when they use

transfer systems and therefore the clear

width of transfer systems does not need

to be the same as the clear width of

ramps on elevated accessible routes.

Response. An exception has been

added to the final rule permitting the

clear width of transfer systems

connecting elevated play components to

be 24 inches minimum.

15.6.4.4 Ramp Slope and Rise

This section specifies the slope and

rise of ramps connecting ground level

play components and ramps connecting

elevated play components.

Comment. Commenters wanted more

information about the technical

provisions for ramps, including

landings, handrails, and edge

protection.

Response. The technical provisions

for ramps are in ADAAG 4.8 (Ramps),

including provisions for landings,

handrails, and edge protection. Some of

these provisions are modified by

15.6.4.4.

Comment. Designers requested

clarification regarding the transition

between accessible routes within a play

area and accessible routes on a site.

They asked if the transition is required

to have a 1:16 maximum slope or a 1:12

maximum slope.

Response. Transitions at the boundary

of play area accessible routes and site

accessible routes must comply with

ADAAG 4.5.2 (Changes in Level), which

provides that changes in level greater

than 1⁄2 inch must comply with ADAAG

4.8 (i.e., 1:12 maximum slope). Where a

rubber surface is installed on top of

asphalt to provide impact attenuation,

the edges of the rubber surface may

create a change in level between the

adjoining ground surface. Where the

change in level is greater than 1⁄2 inch,

a sloped surface with a maximum slope

of 1:12 must be provided. Products are

commercially available that provide a

1:12 slope at transitions. An appendix

note (A15.6.7) has been added to

provide guidance on transitions.

Comment. A manufacturer preferred

limiting the length of ramp runs to 12

feet, instead of limiting the rise of ramps

to 12 inches.

Response. The regulatory negotiation

committee wanted to limit the distance

between the ramp and decks or

platforms where children gather and

interact, and also encourage designers to

provide ramps with a lesser slope than

the 1:12 maximum. Limiting the rise of

ramps to 12 inches allows designers to

use different combinations of ramp runs

and ramp slopes to reach the same

elevation. For example, to reach a 12

inch high deck or platform, a designer

could use a 12 foot ramp with the

maximum 1:12 slope, or a 14 foot ramp

with a less steeper 1:14 slope. If the

ramp run is limited to 12 feet, the

designer could only use the maximum

1:12 slope.

15.6.4.5 Handrails

This section specifies dimensions for

handrails on ramps provided within

play areas. An exception has been

revised in the final rule to clarify that

handrails are not required at ramps

located within ground level use zones

and another exception has been added

that does not require handrail

extensions at the top and bottom of

ramps to avoid any potential protrusion

into circulation paths, especially on

elevated decks or platforms.

15.6.5 Transfer Systems

This section contains technical

provisions for transfer systems. The

section clarifies that transfer platforms

must be located where transfer is

intended to be from a wheelchair or

other mobility device, and that transfer

steps must be located where movement

is intended from a transfer platform to

a level with elevated play components

required to be located on an accessible

route. The section also clarifies the

orientation of the transfer space. The

NPRM requested information regarding

the effective placement of transfer

supports. Commenters provided some

examples of transfer supports designs.

An appendix note (A15.6.5) has been

added to provide guidance on transfer

supports.

15.6.6 Play Components

This section contains technical

provisions for ground level play

components located on accessible routes

and elevated play components

connected by ramps. The provisions

specify the dimensions for maneuvering

space, clear floor or ground space,

heights and clearances at play tables,

the height of seats and entry points, and

transfer supports.

Comment. Commenters requested

clarification regarding the location of

the clear floor or ground spaces and

maneuvering spaces, and whether clear

floor or ground spaces, maneuvering

spaces, and accessible routes may

overlap.

Response. A specific location has not

been designated for the clear floor or

ground spaces and maneuvering spaces,

except for swings, because each play

component may require that the space

be placed in a unique location. The

maneuvering space for swings must be

located immediately adjacent to the

swing (see figure 66). Clear floor or

ground spaces, maneuvering spaces, and

accessible routes may overlap within

play areas.

62506 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

27See note 5, supra.

28See 61 FR 37964 (July 22, 1996).

29See 28 CFR 35.133 (http://www.usdoj.gov/crt/

ada/reg2.html) and 28 CFR 26.211 (http://

www.usdoj.gov/crt/ada/reg3a.html).

Comment. The NPRM proposed reach

ranges for manipulative or interactive

features of play components.

Commenters noted that the reach ranges

are not consistent with the ADAAG

provisions for children’s elements and

the ASTM F 1487–98 standard. The

International Playground Equipment

Manufacturers Association

recommended a reach range between 9

inches and 48 inches for a side reach,

and 20 inches to 36 inches for a forward

reach. Commenters questioned how the

proposed reach ranges might apply to

overhead play components and what

provisions would apply to reaches over

obstructions. They also questioned

applying reach ranges designed to

accommodate children who use

wheelchairs to play components

reached by transfer systems.

Response. The reach ranges have been

moved to an appendix note (A15.6.6.6)

and are advisory only. This is consistent

with the action taken in the final rule on

children’s elements.27 The regulatory

negotiation committee proposed the

reach ranges based on the NPRM on

children’s elements.28 Comments on

that rulemaking and this rulemaking

have raised important issues that

deserve further research.

Comment. Commenters noted that the

proposed reach ranges were not

adequate for play tables such as sand

and water tables. These play

components necessitate a reach over an

obstruction and the NPRM did not

include a provision for knee and toe

clearance to facilitate this type of reach.

Response. A provision has been

added to the final rule to address the

concerns. Although the reach ranges are

advisory only, knee and toe clearance

for play tables have been included in

the final rule. These clearances are

consistent with the provisions in

ADAAG for children’s elements such as

lavatories. An exception provides that

play tables designed for children ages 5

and under are not required to provide

knee and toe clearance if a parallel

approach to the table is provided.

15.6.7 Ground Surfaces

This section provides that ground

surfaces along accessible routes, clear

floor or ground spaces, and

maneuvering spaces within play areas

must comply with ADAAG 4.5.1

(Ground or Floor Surfaces—General)

and the ASTM F 1951–99 Standard

Specification for Determination of

Accessibility of Surface Systems Under

and Around Playground Equipment.

The ground surfaces must be inspected

and maintained regularly and frequently

to ensure continued compliance with

the ASTM F 1951–99 standard. If

located within use zones, the ground

surfaces also must comply with the

ASTM F 1292–99 Standard

Specification for Impact Attenuation of

Surface Systems Under and Around

Playground Equipment. The NPRM

referenced the ASTM PS 83 Provisional

Standard Specification for

Determination of Accessibility of

Surface Systems Under and Around

Playground Equipment. The ASTM PS

83 standard has been finalized as the

ASTM F 1951–99 standard. Minor

editorial changes were made between

the provisional standard and the final

standard.

Comment. Commenters requested

more information about the ASTM PS

83 standard.

Response. The ASTM standards are

copyrighted private consensus

standards and are available from the

American Society for Testing and

Materials (ASTM), 100 Barr Harbor

Drive, West Conshohocken, PA 19428–

2959, telephone (610) 832–9585. The

cost of the ASTM F 1951–99 standard is

$30. The ASTM standards may be

ordered online from ASTM (http://

www.astm.org). An appendix note

(A15.6.7) has been added to provide

guidance on the ASTM F 1951–99

standard.

Comment. Some commenters were

concerned that engineered wood fiber

products would not provide an adequate

accessible surface. Other commenters

reported positive experiences with

engineered wood fiber products in play

areas used by children with disabilities.

Commenters also requested that the

Access Board publish a list of accessible

ground surfaces.

Response. Some engineered wood

fiber products have been tested and

meet the ASTM F 1951–99 standard,

and others have not. The fact that a

specific product has been tested and

meets that ASTM F 1951–99 standard

does not necessarily mean that all other

similar products will meet the standard.

Engineered wood fiber surfaces will

require frequent maintenance to comply

with the ASTM F 1951–99 standard

because of surface displacement due to

user activity or looseness due to

moisture. The settling of engineered

wood fiber may also affect the distance

between the ground surface and transfer

platforms. The final rule requires

ground surfaces to be inspected and

maintained regularly and frequently to

ensure continued compliance with the

ASTM F 1951–99 standard. The

Department of Justice regulations for

titles II and III of the ADA also require

public and private entities to maintain

accessible features.29

Designers and operators are likely to

choose materials that best serve the

specific needs of each play area. The

type of material selected will affect the

frequency and cost of maintenance. The

existence of the ASTM F 1951–99

standard should hasten the

development of new materials and

improvements in existing products. The

Access Board plans to develop technical

assistance materials on accessible

ground surfaces. Based on concerns

expressed by commenters and the fact

that the ASTM F 1951–99 standard is

new, the Access Board will closely

monitor how well the standard provides

for accessible surfaces.

15.6.8 Soft Contained Play Structures

This section requires an accessible

route to serve entry points of soft

contained play structures. Where three

or fewer entry points are provided, at

least one must be located on an

accessible route. Where four or more

entry points are provided, at least two

must be located on an accessible route.

Accessible routes must comply with

ADAAG 4.3 (Accessible Route). An

exception provides that transfer systems

complying with 15.6.5 and platform lifts

complying with ADAAG 4.11 (Platform

Lifts—Wheelchair Lifts) and applicable

State or local codes are permitted to be

used as part of an accessible route.

There were very few comments on this

section and no changes have been made

in the final rule.

Regulatory Process Matters

Executive Order 12866: Regulatory

Planning and Review

This final rule is a significant

regulatory action under Executive Order

12866 and has been reviewed by the

Office of Management and Budget. An

economic assessment of the potential

costs and benefits of the final rule has

been prepared and has been placed in

the docket for public inspection. The

economic assessment is also available

on the Access Board’s Internet site

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

assess.htm). The economic assessment

is summarized below.

Number and Size of Play Areas Affected

Ten major business and government

categories are identified that are likely

to own or operate play areas. They

include eating places; hotels and motels;

sporting and recreational camps;

recreational vehicle parks and

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62507

30Rubber surface was used along accessible

routes, clear floor or ground spaces, and

maneuvering spaces. The rubber surface was

designed to be as uninterrupted as possible to avoid

potential tripping hazards.

campsites; miscellaneous amusement

and recreation facilities; public

elementary and middle schools; private

(nonsectarian) elementary and middle

schools; child care facilities; civic,

social and fraternal associations; and

municipal and state parks. For each

category, lower and upper bound

estimates are made of the number of

establishments that are likely to have

commonly used playground equipment,

and the annual number of playgrounds

that are expected to be constructed or

replaced. The estimates are further

broken down by play area size (small,

medium, and large). Table 1 shows the

results of these estimates. The estimates

do not include soft contained play

structures because the guidelines are not

expected to have a cost impact on those

play areas.

TABLE 1.—NUMBER AND SIZE OF PLAY

AREAS AFFECTED ANNUALLY BY

GUIDELINES

Play area size

Lower

bound

estimates

Upper

bound

estimates

Small ......................... 7,800 10,400

Medium ..................... 6,400 8,300

Large ......................... 3,200 5,200

Total Play Areas 17,400 23,900

Baseline

To estimate the incremental costs of

the guidelines, a baseline was

established against which the cost of

play areas designed and constructed in

accordance with the guidelines can be

compared. The baseline is a reasonable

forecast of how play areas would be

designed and constructed in the future

in the absence of the guidelines. The

following factors were considered in

establishing the baseline: evolution of

industry standards and practices; other

civil rights laws and regulations

guaranteeing the rights of individuals

with disabilities (i.e., Section 504 of the

Rehabilitation Act, and Individuals with

Disabilities Education Act); and the

degree of compliance with those civil

rights laws and regulations.

Beginning in 1990, the American

Society of Testing and Materials

(ASTM) established several

subcommittees to develop voluntary

standards for play areas. These

standards include: ASTM F 1487–99

Standard Consumer Safety Performance

Specification for Playground Equipment

for Public Use (initially issued in 1993);

ASTM PS 83–97 Provisional Standard

Specification for Determination of

Accessibility of Surface Systems Under

and Around Playground Equipment

(issued in 1997); ASTM F 1951–99

Standard Specification for

Determination of Accessibility of

Surface Systems Under and Around

Playground Equipment (issued in 1999);

and ASTM F 1918–98 Standard Safety

Performance Specification for Soft

Contained Play Equipment (issued in

1998). Although these ASTM standards

are primarily concerned with safety,

they also include technical provisions

for accessible features such as accessible

routes, transfer systems, ramps, and

ground surfaces. The ASTM standards

are voluntary, but most manufacturers

follow them. It is common today for

playground equipment manufacturers to

incorporate as a standard feature on

composite play structures a transfer

system to at least one deck and to

provide at least one activity panel and

slide on that deck. Playground

equipment manufacturers and ground

surface material suppliers advertise and

promote the accessibility of their

products through their catalogues and

web sites.

Public schools and parks have had an

obligation since the 1970’s under

Section 504 of the Rehabilitation Act

and the Individuals with Disabilities

Education Act to provide for

accessibility in new construction and

alterations. Public schools and parks

must have Section 504 coordinators

who are responsible for ensuring among

other things that these accessibility

requirements are met. These other civil

rights laws and regulations have been

enforced to require public schools and

parks to provide an accessible route

through play areas to a range of play

components.

With the increased availability of

accessible playground equipment and

accessible ground surfaces in the

marketplace as a result of the ASTM

standards and a long history of coverage

by other civil rights laws and

regulations, a high degree of compliance

with respect to providing for

accessibility is expected by public

schools and parks when designing and

constructing playground equipment.

Private entities covered by title III of the

ADA do not have as long a history of

coverage by civil rights laws and

regulations guaranteeing the rights of

individuals with disabilities. However,

larger private entities that operate play

areas are more likely to know about

developments in the marketplace and

the availability of accessible playground

equipment and accessible surface

materials, and are more likely to

purchase playground equipment and

surface materials that provide for

accessibility. Smaller private entities

that operate play areas may not be as

knowledgeable about these matters and

have a lesser degree of compliance.

Three models representing a small,

medium, and large play area were

developed based on the above factors.

For each model, equipment and ground

surface costs are estimated for a baseline

design and a design complying with the

guidelines. The primary difference

between baseline designs and the

guidelines designs involves the number

of ground level and elevated play

components that are located on an

accessible route, which in turn affects

how much accessible ground surface is

provided and the extent to which

transfer systems and ramps are

provided. Generally, the baseline design

assumes that a smaller number of

ground level play components are

located on accessible routes than

required by the guidelines and that a

transfer system is provided only to one

deck on a composite play structure,

making fewer elevated play components

accessible than required by the

guidelines.

Different ground surface materials

were used for each model. For the small

play area, the baseline design used a

loose fill surface such as sand or wood

chips for the entire play area; and the

guidelines design used two options: An

engineered wood fiber surface for the

entire play area (option 1), and a

combination of rubber surface along

accessible routes, clear floor or ground

spaces, and maneuvering spaces and a

loose fill surface for the rest of the play

area (option 2).30 This is a change from

the assumption made in the economic

assessment for the NPRM. A loose fill

surface was used for the baseline design

for the small play area in the economic

assessment for the final rule based on

comments from child care facilities,

which have a large number of small play

areas, stating that they would not use an

engineered wood fiber surface, or a

combination of rubber surface and loose

fill surface in the absence of the

guidelines. For the medium and large

play areas, both the baseline designs

and the guidelines designs used two

options: An engineered wood fiber

surface for the entire play area (option

1) and a combination of rubber surface

along accessible routes, clear floor or

ground spaces, and maneuvering spaces

and a loose fill surface for the rest of the

play area (option 2) because public

schools and parks represent a large

number of medium and large play areas

and it is assumed that these facilities

62508 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

would use surfaces complying with the

ASTM F 1951–99 standard in the

absence of the guidelines based on the

factors discussed above. This is the

same assumption made in the economic

assessment for the NPRM. The

comments did not question this

assumption. Some owners and

operators, especially in urban areas,

have chosen to use a rubber surface for

the entire play area in the absence of the

guidelines. The economic assessment

overestimates the incremental surface

costs for those play areas.

Incremental Equipment and Ground

Surface Costs

Equipment and ground surface costs

for the baseline designs and the

guidelines designs are presented in

Table 2. For equipment, installation is

estimated at 20 percent to 40 percent of

equipment cost. Ground surface costs

reflect regional variations in labor and

materials.

TABLE 2.—EQUIPMENT AND GROUND SURFACE COSTS

Play area size

Baseline Guidelines Percent

change Low High Low High

Surface Option 1: Engineered Wood Fiber

Small ........................................................................................................ $11,828 $15,345 $12,128 $16,295 2.5–6.2

Medium .................................................................................................... 18,740 27,362 20,636 30,032 9.8–10.1

Large ........................................................................................................ 42.634 57,932 51,863 68,284 17.9–21.6

Surface Option 2: Rubber & Loose Fill

Small ........................................................................................................ $11,828 $15,345 $12,775 $17,560 8.0–14.4

Medium .................................................................................................... 18,537 25,992 22,669 33,845 22.3–30.2

Large ........................................................................................................ 43,511 57,688 54,969 74,109 26.3–28.5

The sources of the cost increases are

discussed below.

Small Play Area

For the baseline design, the small play

area has a loose fill surface; a composite

play structure with 4 elevated play

components on a single deck; a transfer

platform and transfer steps to the deck;

and 4 ground level play components.

The guidelines do not result in any

equipment changes. For the guidelines

design the loose fill surface is replaced

entirely with an engineered wood fiber

surface (option 1) or a rubber surface

(option 2) is installed along accessible

routes, clear floor or ground spaces, and

maneuvering spaces at certain ground

level play components. The cost

increase for the engineered wood fiber

surface (option 1) is $300 to $950, and

for the rubber surface (option 2) is $946

to $2,215.

Medium Play Area

For the baseline design, the medium

play area has an engineered wood fiber

surface (option 1) or a combination of

rubber surface and loose fill surface

(option 2); a composite play structure

with 10 elevated play components on

multiple decks at varying heights; a

transfer platform and transfer steps that

connect to a 36 inch high deck on which

there are 3 elevated play components;

and 3 ground level play components.

For the guidelines design, the following

are added: A 48 inch high deck (2

elevated play components are relocated

from the 60 inch high deck to the 48

inch high deck); a transfer step to

connect the 36 high and 48 inch high

decks, and 1 ground level play

component. The cost of these equipment

changes is $1,680 to $1,960. The use

zones are enlarged by 122 square feet as

a result of the equipment changes. The

cost for additional engineered wood

fiber surface (option 1) for the expanded

use zones is $216 to $710. The cost for

additional rubber surface (option 2) for

accessible routes, clear floor or ground

spaces, and maneuvering spaces, and for

loose fill for the expanded use zones is

$2,452 to $5,893.

Large Play Area

For the baseline design, the large play

area has an engineered wood fiber

surface (option 1) or a combination

rubber surface and loose fill surface

(option 2); 20 elevated play components

on multiple decks at varying heights; a

transfer platform and transfer steps that

connect to a 36 inch high deck on which

there are 4 elevated play components

(one of the elevated play components is

a swinging bridge which connects to

another 36 inch high deck with 2 more

elevated play components); and 6

ground level play components. For the

guidelines design, the following are

added: An earthen berm and ramp to

connect to another 36 inch high deck

which is extended to connect to the

ramp (this deck has 5 elevated play

components); and 2 ground level play

components. The cost of these

equipment changes is $9,039 to $9,821.

The use zones are enlarged by 94 square

feet as a result of the equipment

changes. The cost for additional

engineered wood fiber surface (option 1)

for the expanded use zones is $190 to

$621. The cost for additional rubber

surface (option 2) for accessible routes,

clear floor or ground spaces, and

maneuvering spaces, and for loose fill

for the expanded use zones is $2,419 to

$6,690.

Incremental Maintenance Costs

(Savings)

Maintenance costs are estimated for

the different ground surfaces in the

baseline designs and guidelines designs

for the model play areas. Maintenance

activities include inspecting surfaces;

raking and leveling surfaces; and

topping off surfaces. Typical

maintenance frequencies are presented

in Table 3.

TABLE 3.—TYPICAL MAINTENANCE FREQUENCIES

Maintenance activity Loose fill Engineered wood fiber Rubber

Inspection ............................................. Daily to Weekly .................................. Daily to Weekly .................................. Weekly.

Rake & Level ....................................... Daily to Weekly .................................. Weekly to as Required ....................... Not Required.

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62509

31Bureau of the Census, Americans with

Disabilities: 1994–95—Table 2 (http://

www.census.gov/hhes/www/disable/sipp/

disab9495/ds94t2.html). The data provided does

not allow for an exact measure of the 2 to 12 years

age group.

TABLE 3.—TYPICAL MAINTENANCE FREQUENCIES—Continued

Maintenance activity Loose fill Engineered wood fiber Rubber

Top Off ................................................. 1 to 3 years ........................................ 3 years ................................................ Not Required.

Source: Henderson, Walter. Catching Kids When They Fall: Guidelines to Choosing a Playground Surface, Parks & Recreation, April 1997, pp.

84–92.

To aggregate routine maintenance

costs with the one-time capital costs for

equipment and ground surfaces, the

maintenance costs are expressed as the

present value of the annual maintenance

costs for 15 years, discounted at a 7

percent rate of return. The incremental

maintenance costs for the guidelines

designs compared to the baseline

designs for the model play areas are

presented in Table 4.

TABLE 4.—INCREMENTAL

MAINTENANCE COSTS (SAVINGS)

Play area size

Surface option 1: Engineered

wood fiber

Surface option 2: Rubber & loose

fill

Small ................. ($490) ($1,200)

Medium ............. 1,170 (2,980)

Large ................. 900 (4,810)

For small play areas, using an

engineered wood fiber surface (option 1)

or a combination of rubber surface and

loose fill surface (option 2) will result in

a reduction in maintenance costs

compared to an all loose fill surface over

the life cycle of the play area. For

medium and large play areas, using a

combination of rubber surface and loose

fill surface (option 2) will result in a

reduction in maintenance costs over the

life cycle of the play area.

Aggregate Incremental Costs for

Equipment, Ground Surface, and

Maintenance

Table 5 combines the incremental

changes in equipment and ground

surface costs from Table 2 and the

incremental changes in maintenance

costs from Table 4 to yield the aggregate

incremental costs of the guidelines. The

mid-point of the cost ranges in Table 2

are used to simplify the aggregation of

the costs.

TABLE 5.—AGGREGATE INCREMENTAL

COSTS (SAVINGS)

Play area size Low High

Surface Option 1: Engineered Wood Fiber

Small ................. ($190) $460

Medium ............. 3,100 3,800

Large ................. 10,100 11,300

TABLE 5.—AGGREGATE INCREMENTAL

COSTS (SAVINGS)—Continued

Play area size Low High

Surface Option 2: Rubber & Loose Fill

Small ................. (260) 1,000

Medium ............. 1,200 4,900

Large ................. 6,600 11,600

Total Annual Costs of Guidelines

The total annual costs of the

guidelines are the sum of the social

costs and the direct costs. The lower

and upper bound estimates of the total

annual costs are presented in Table 6.

Generally, as the cost of a product goes

up, society consumes less of the

product. Since the guidelines will

increase the cost of designing and

constructing play areas, it is assumed

that the guidelines will result in fewer

or smaller play areas built in the future.

The loss of play opportunities resulting

from fewer or smaller play areas built is

the social costs of the guidelines. The

social costs are estimated by making

assumptions about society’s elasticity of

demand for play areas and using

traditional economic analysis. The

direct costs are the aggregate increase in

the annual cost of play areas that are

designed and constructed after the

guidelines are adopted as standards by

the Department of Justice.

TABLE 6.—TOTAL ANNUAL COSTS OF

GUIDELINES

[$ in millions]

All play areas

Surface

option 1:

Engineered

wood fiber

Surface

option 2:

Rubber &

loose fill

Social Costs

Low ................... $8 $3

High .................. 12 15

Direct Costs

Low ................... $29 $18

High .................. 61 69

Total Annual Costs

Low ................... $37 $21

High .................. 73 84

Benefits of Guidelines

The guidelines will make play areas

accessible to 5.1 million children with

disabilities, between the ages of 3 and

14.31 Parents and other adults with

disabilities who supervise children will

be able to accompany the children when

they visit play areas. Parents of children

with disabilities will benefit from lower

travel costs to take their children to

accessible play areas. Businesses that

provide play areas as part of their

facilities may benefit from increased

profits as families with individuals with

disabilities are more likely to patronize

their establishments. Children with

disabilities will benefit from increased

opportunities to play and to have social

interaction with other children.

Children without disabilities may also

benefit from this diversity. It is not

feasible to quantify these benefits and

compare them to the costs of the

guidelines.

Not all government policies are based

on maximizing economic efficiency.

Even when the market is operating

efficiently, there may be groups or

individuals who are subject to

discriminatory practices and remain

‘‘under-served.’’ The Americans with

Disabilities Act is a civil rights law that

was enacted by overwhelming

bipartisan majorities in Congress and

reflects the societal decision to

eliminate the various forms of

discrimination continually encountered

by individuals with disabilities,

including the discriminatory effects of

architectural barriers. Traditional costbenefit analysis is deficient when it

comes to measuring civil rights benefits

and making judgements about fairness

or equity.

In the opinion of the Access Board,

the civil rights benefits of the guidelines

in ensuring that children with

disabilities, and parents and other

adults with disabilities who supervise

children on play areas, have an equal

opportunity to use and enjoy play areas

justify the costs of the guidelines.

62510 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

32See note 14, supra.

33See note 15, supra.

34See note 16, supra.

35See note 14, supra.

36See note 15, supra.

37See note 7, supra.

Regulatory Flexibility Act

The final regulatory flexibility

analysis required by the Regulatory

Flexibility Act has been performed in

conjunction with the preparation of the

preamble and economic assessment for

the final rule. The analysis is

summarized below.

Need for, and Objectives of, Guidelines

The Access Board is required to issue

accessibility guidelines under the

Americans with Disabilities (ADA) to

ensure that new construction and

alterations of facilities covered by titles

II and III of the law are readily

accessible to and usable by individuals

with disabilities. Play areas are among

the facilities covered by titles II and III

of the ADA. Play areas have unique

features that are not adequately

addressed by the Americans with

Disabilities Act Accessibility Guidelines

(ADAAG). The play area guidelines will

amend ADAAG to include scoping and

technical provisions for ground level

and elevated play components,

accessible routes, ramps and transfer

systems, ground surfaces, and soft

contained play structures.

Significant Issues Raised by Public

Comments

The following significant issues were

raised by the comments.

Questioning of Statutory Requirement

Commenters questioned why each

newly constructed play area must be

accessible. As an alternative, they

suggested that: One accessible play area

per region be provided; play areas be

modified for accessibility as needed;

and subsidies be provided for making

play areas accessible. The ADA is a civil

rights law that ensures individuals with

disabilities the basic right to use and

enjoy goods and services made available

to the public. The ADA specifically

requires all newly constructed facilities

to be accessible. It is more cost effective

to incorporate accessible design into the

construction of new facilities than to

modify facilities afterwards to provide

for accessibility. As discussed in the

preamble to the final rule, tax credits

and tax deductions are available to

private entities to remove architectural

barriers in existing facilities.32 In

addition, federal funds are available

through the Community Development

Block Grant Program for removing

architectural barriers in existing

facilities.33

Requests for Exemptions From

Guidelines

Child care facilities claimed that the

cost of the guidelines would be

prohibitive, and requested that carrying

or lifting be permitted as an alternative

to accessibility or that play areas in

child care facilities for children ages 5

and under be exempt from the

guidelines. It has been a long standing

interpretation of civil rights laws for

individuals with disabilities that

carrying and lifting are ineffective and

unacceptable methods for providing

accessibility.34 The economic

assessment shows that the incremental

capital and maintenance costs of the

guidelines over a 15 year life cycle for

a small play area that may be typically

found in a child care facility ranges

from a cost savings of $190 to a cost

increase of $460 for a play area with an

engineered wood fiber surface, and from

a cost savings of $260 to a cost increase

of $1,000 for a play area with a

combination rubber and loose fill

surface. Tax credits and tax deductions

are available to small businesses for

architectural barrier removal.35 Federal

funds also are available through the

Community Development Block Grant

Program to remove architectural barriers

in existing facilities. State and local

governments may use these funds to

remove architectural barriers in existing

play areas in publicly operated and

privately operated child care facilities.36

An exception has been added to the

final rule that exempts family child care

facilities where the proprietor actually

resides from the play area guidelines.

Amusement parks and theme parks

requested that amusement attractions

and amusement rides be exempt from

the play area guidelines. An exception

has been added to the final rule that

exempts amusement attractions located

in amusement parks and theme parks

from the play area guidelines, except for

soft contained play structures. The

exception is limited and applies to

amusement attractions such as fun

houses and barrels. Amusement rides

are the subject of a separate

rulemaking.37

Several commenters expressed

concerns regarding application of the

guidelines to play areas with unique

designs and features, and some

suggested that exceptions be made for

such play areas. The concerns are

addressed in the preamble to the final

rule under General Issues, Unique Play

Areas.

Requests for Reduced Scoping

Commenters requested that the

scoping provision, which requires

additional numbers of ground level play

components located on an accessible

route based on the number of elevated

play components provided, be reduced.

The scoping was reduced in the final

rule from 50 percent to approximately

one-third. A minimum number of types

of ground level play components was

specified to ensure a diversity or variety

of play opportunities for children with

disabilities at the ground level.

Requests for Clarification of Application

of the Guidelines to Alterations and

Additions

Commenters requested clarification

regarding how the play area guidelines

apply to alterations and additions.

Specific provisions have been added to

the final rule in 15.6.1 and 15.6.1

Exception 3 in response to the

comments that provide the requested

clarification. The provisions are further

discussed in the preamble under

General Issues, Alterations and

Additions.

Number of Small Entities Affected by

Guidelines

A description of and estimate of the

number of small entities that will be

affected by the guidelines is addressed

in chapter 3 of the economic

assessment. Table 7 presents a summary

of the information.

TABLE 7.—NUMBER OF SMALL ENTITIES AFFECTED BY GUIDELINES

SIC Category

Estimated

establishments in

1999

Estimated establishments

with play areas

Low High

5812 ....... Eating Places ...................................................................................................................... 420,000 8,400 21,000

7011 ....... Hotels & Motels ................................................................................................................... 47,000 940 2,300

7032 ....... Sporting & Recreational Camps .......................................................................................... 3,600 360 900

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations 62511

38 42 U.S.C. 12101(b)(2).

TABLE 7.—NUMBER OF SMALL ENTITIES AFFECTED BY GUIDELINES—Continued

SIC Category

Estimated

establishments in

1999

Estimated establishments

with play areas

Low High

7033 ....... Recreational Vehicle Parks & Campsites ........................................................................... 7,000 2,800 4,200

7999 ....... Miscellaneous Amusement & Recreation ........................................................................... 32,000 3,200 8,000

n/a .......... Public Elementary & Middle Schools .................................................................................. 65,000 52,000 65,000

n/a .......... Private Elementary & Middle Schools ................................................................................. 5,500 4,400 5,500

8351 ....... Child Day Care Services ..................................................................................................... 102,000 92,000 102,000

8641 ....... Civic, Social, & Fraternal Associations ............................................................................... 3,700 740 1,900

n/a .......... Municipal & State Parks ...................................................................................................... 110,000 33,000 67,000

The number of public elementary and

middle schools, and municipal and

State parks also includes large entities.

Reporting and Recordkeeping

Requirements

There are no reporting and

recordkeeping requirements.

Steps Taken to Minimize Significant

Economic Impact on Small Entities

In additional to the exceptions

discussed above for family child care

facilities and amusement attractions,

and the reduced scoping for additional

ground level play components, there are

other provisions in the play area

guidelines that minimize the significant

economic impact on small entities. For

small and medium size play areas with

less than 20 elevated play components,

transfer systems are permitted instead of

ramps to provide an accessible route to

at least 50 percent of the elevated play

components. For small play areas with

less than 1,000 square feet, a reduced

clear width is permitted on accessible

routes. The scoping and technical

provisions in the play area guidelines

are based on the consensus

recommendations of a regulatory

negotiation committee that represented

the interests of all the parties affected by

the guidelines. The guidelines will

provide a minimum level of

accessibility to play areas for

individuals with disabilities and ensure

that newly constructed and altered play

areas meet the accessibility

requirements of the ADA.

The only other significant alternative

that would minimize the significant

economic impact of the guidelines on

small entities and was not accepted

involved eliminating or further limiting

the use of ramps to provide access to

larger composite play structures with 20

or more elevated play components.

Some children with disabilities will not

be able to or will choose not to use

transfer systems to access elevated play

components. Ramps are preferred over

transfer systems for providing access to

play areas. Eliminating or further

limiting the use of ramps to provide

access to larger composite play

structures would provide a lower level

of access to children with disabilities

and further limit their opportunities to

interact and socialize with other

children.

Technical Assistance

The Access Board will provide

technical assistance materials to help

small entities understand the scoping

and technical provisions of the play area

guidelines. The Access Board also has

accessibility specialists who can answer

questions about the guidelines.

Information on how to contact the

Access Board is provided at the

beginning of this document.

Executive Order 13132: Federalism

The final rule is issued under the

authority of the Americans with

Disabilities Act. Ensuring the civil rights

of groups who have experienced

discrimination has long been recognized

as a responsibility of the Federal

government. The Americans with

Disabilities Act was enacted ‘‘to provide

clear, strong, consistent, enforceable

standards addressing discrimination

against individuals with disabilities.’’ 38

The final rule adheres to fundamental

federalism principles and policy making

criteria set forth in Executive Order

13132. The Access Board has consulted

with State and local governments

throughout the rulemaking process,

including convening an advisory

committee, establishing a regulatory

negotiation committee, and holding

public hearings. The interests of State

and local governments were represented

in the rulemaking process by National

Association of Counties, National

Association of Elementary School

Principals, National League of Cities,

and National Recreation and Park

Association, all of whom were members

of the regulatory negotiation committee

that developed the proposed rule. The

Access Board has made changes to the

proposed rule based on public

comments which are discussed in the

preamble to the final rule.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

does not apply to proposed or final rules

that enforce constitutional rights of

individuals or enforce any statutory

rights that prohibit discrimination on

the basis of race, color, sex, national

origin, age, handicap, or disability.

Since the final rule is issued under the

authority of the Americans with

Disabilities Act, which establishes civil

rights protections for individuals with

disabilities, an assessment of the rule’s

effects on State, local, and tribal

governments, and the private sector is

not required by the Unfunded Mandates

Reform Act.

List of Subjects in 36 CFR Part 1191

Buildings and facilities, Civil rights,

Incorporation by reference, Individuals

with disabilities, Transportation.

Thurman M. Davis, Sr.,

Chair, Architectural and Transportation

Barriers Compliance Board.

For the reasons set forth in the

preamble, part 1191 of Title 36 of the

Code of Federal Regulations is amended

as follows:

PART 1191—AMERICANS WITH

DISABILITIES ACT (ADA)

ACCESSIBILITY GUIDELINES FOR

BUILDINGS AND FACILITIES

1. The authority citation for 36 CFR

part 1191 continues to read as follows:

Authority: 42 U.S.C. 12204.

2. Appendix A to Part 1191 is

amended as follows:

a. By revising pages i, ii, 2, 3, 4, and

76 and by adding pages 1A, 4A, and 77

through 81 as set forth below.

b. In the appendix to Appendix A by

adding pages A22 through A25 as set

forth below.

The revisions and additions read as

follows:

62512 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Rules and Regulations

Appendix A to Part 1191—Americans

with Disabilities Act (ADA)

Accessibility Guidelines for Buildings

and Facilities

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[FR Doc. 00–26466 Filed 10–17–00; 8:45 am]

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