[Federal Register Volume 65, Number 224 (Monday, November 20, 2000)]
[Rules and Regulations]
[Pages 69840-69843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29599]



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Part III





Architectural and Transportation Barriers Compliance Board





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36 CFR Part 1191



Americans With Disabilities Act (ADA) Accessibility Guidelines for 
Buildings and Facilities; Play Areas; Rule

Federal Register / Vol. 165, No. 224 / Monday, November 20, 2000 / 
Rules and Regulations

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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: Amendment to advisory note.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is amending an advisory note to the accessibility 
guidelines for play areas. The amended advisory note clarifies that 
play components that are attached to a composite play structure and can 
be approached from a platform or deck (e.g., climbers and overhead play 
components), are elevated play components. These play components are 
not considered ground level play components also, and do not count 
toward meeting the number of ground level play components that must be 
located on an accessible route.

DATES: The amendment is effective December 20, 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: <a href="/cdn-cgi/l/email-protection#4c2b3e2929223b2920200c2d2f2f293f3f61702d6c243e292a71" http: board.gov">board.gov</a>">greenwell@access-board.gov</a>.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Single copies of this document 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-42 (Play Areas Final Rule, Amended Appendix Note). 
Persons using a TTY should call (202) 272-5449. Please record a name, 
address, telephone number and request publication S-42. 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-aan.htm).

Background

    On October 18, 2000, the Access Board issued final accessibility 
guidelines for play areas. 65 FR 62498 (October 18, 2000). The 
guidelines serve as the basis for enforceable standards to be adopted 
by the Department of Justice for new construction and alterations of 
play areas covered by the Americans with Disabilities Act. The 
guidelines distinguish between ground level and elevated play 
components, and provide that a minimum number of ground level and 
elevated play components must be located on an accessible route.
    The appendix to the guidelines contains advisory notes to assist in 
understanding the guidelines. Advisory note A15.6.3 addresses elevated 
play components that are attached to a composite play structure. As 
originally issued, the advisory note used the example of a climber 
attached to a composite play structure. The advisory note stated that 
the climber may be considered either a ground level or elevated play 
component. The advisory note explained that if an accessible route is 
provided to the base of the climber and to the top of the climber, and 
the climber is counted toward meeting the number of elevated play 
components on an accessible route, the same climber cannot be counted 
toward meeting the number of ground level play components on an 
accessible route. The purpose of the advisory note was to clarify that 
such play components cannot be ``double-counted'' as both ground level 
and elevated play components. However, if climbers and other overhead 
play components that are attached to a composite play structure are 
counted as ground level play components, instead of elevated play 
components, it would result in significantly less access in play areas. 
Fewer ground level and elevated play components would have to be 
located on an accessible route; ramp access would be more limited; and 
there would be less diversity in the types of ground level play 
components provided. The advisory note was not intended to create a 
``loophole'' for evading the guidelines. The economic assessment, which 
analyzed the impact of the guidelines, counted climbers and overhead 
play components attached to a composite play structure as elevated play 
components. Play equipment manufacturers and operators, who have 
followed the guidelines on a voluntary basis prior to their adoption as 
enforceable standards by the Department of Justice, have counted 
climbers and overhead play components attached to a composite play 
structure as elevated play components. Accordingly, the amended 
advisory note states that play components that are attached to a 
composite play structure and can be approached from a platform or deck 
(e.g., climbers or overhead play components), are considered elevated 
play components. The amended advisory note further states that these 
play components are not considered ground level play components also, 
and do not count toward meeting the number of ground level play 
components that must be located on an accessible route.

List of Subjects in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Transportation.

Thurman M. Davis, Sr.,
Chair, Architectural and Transportation Barriers Compliance Board.

    For the reasons set forth above, 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.

1191 Appendix A  [Amended]

    2. In Part 1191, the appendix to Appendix A is amended by revising 
pages A22, A23 and A24 to read as follows:

Appendix A to Part 1191--Americans with Disabilities Act (ADA) 
Accessibility Guidelines for Buildings and Facilities

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[FR Doc. 00-29599 Filed 11-17-00; 8:45 am]
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